Hi Anne – thanks for your suggestion. Please note that the Framework of Interpretation, as well as other documents that may aid community and staff, can be found on the wiki page that is already referenced in the request for an Issue Report Template as well as Preliminary Issue Report template (see https://community.icann.org/x/RAPCCw). We’ll make sure to include the same link in the Charter Template and the Initial Report template. Best regards, Marika From: Anne ICANN <anneicanngnso@gmail.com> Date: Monday, 15 May 2023 at 19:17 To: Marika Konings <marika.konings@icann.org> Cc: "council@gnso.icann.org" <council@gnso.icann.org> Subject: [Ext] Re: [council] For your review - updated PDP Templates to facilitate consideration of impact on HR Thanks Marika and many thanks to Ephraim! These forms look good. My only comment is that in each section in each of the forms asking whether there will be an impact on Human Rights, there should be a link inserted to the Framework of Interpretation for Human Rights(HR-FOI) that was adopted by the Board. The Framework should be very helpful in the preparation of the Issue Report and also to the WG as it conducts the HR impact analysis on a recommendation by recommendation basis as specified in the Charter template. (I understand that each Recommendation of the WG must be accompanied by an HR impact analysis. If that is not the case, please advise by reply all.) The link to the FOI is here: https://www.icann.org/en/system/files/files/ccwg-acct-ws2-annex-3-hr-foi-fin... So, for example, in the Working Group Charter template, we should insert the language shown below in blue: Thank you! Anne Impact on Human Rights The WG is expected to consider the potential impact of any recommendations on human rights as set forth in the ICANN Human Rights Framework of Interpretation (HR-FOI) linked here: https://www.icann.org/en/system/files/files/ccwg-acct-ws2-annex-3-hr-foi-fin.... Based on the information included in the request for an Issue Report and the Issue Report, the WG is expected to further consider whether there is a likely human rights impact, and if so, who are the groups expected to be impacted and the expected severity of the impact (high / medium / low). If an impact is anticipated, the WG is expected to address the following questions: 1) is the proposed action necessary to achieve the desired outcome, 2) is the proposed action proportionate, 3) is the proposed action legitimate. Anne Aikman-Scalese GNSO Councilor NomCom Non-Voting 2022-2024 anneicanngnso@gmail.com<mailto:anneicanngnso@gmail.com> On Mon, May 15, 2023 at 9:18 AM Marika Konings via council <council@gnso.icann.org<mailto:council@gnso.icann.org>> wrote: Dear All, Following the Council’s adoption of the CCOICI’s WS2 Recommendations Report, the staff support team has worked on: “In relation to 3 (Framework of Interpretation for Human Rights), the GNSO Council directs GNSO Staff Support to work on a proposed implementation of the recommendations, consulting relevant community experts as needed. This proposed implementation is to be reviewed and approved by the GNSO Council before implementation”; As a result, you will find attached updated versions of: * The request for an Issue Report template; * The Preliminary Issue Report template (proposed updates on page 6-7); * The PDP WG Charter Template (proposed updates on page 2-3), and; * The PDP WG Initial Report template (proposed updates on page 7). Each of these documents have been updated with a set of check-list questions that, as recommended by the CCOIC would provide a lightweight mechanism to assess whether an impact to human rights is likely or expected as a result of the consideration of a specific topic and/or the related recommendations. Flagging potential impact on human rights at an early stage in the process will assist in focusing attention on this topic throughout the deliberations as well as allowing for a more detailed human rights impact assessment, if an impact is expected or established. As you may note, a link is provided to a resource page that is managed by ICANN org where additional materials are available that may aid both staff as well as community in its consideration of the potential impact on human rights (see https://community.icann.org/x/RAPCCw). As further materials are developed, for example, work is underway on an ICANN Learn training on inclusion which is expected to present examples of protected groups, these will get added. It is also important to keep in mind that these documents are templates – it does not prevent further elaboration and/or guidance if deemed necessary either by Council or community working groups. A special thanks to Ephraim Percy Kenyanito for the original input he provided to the CCOICI as well as his review of and feedback on these templates. Please provide any comments or suggestions you may have by 7 June at the latest. If additional time is needed, please do not hesitate to let us know as well. Best regards, Ariel, Julie and Marika _______________________________________________ council mailing list council@gnso.icann.org<mailto:council@gnso.icann.org> https://mm.icann.org/mailman/listinfo/council _______________________________________________ By submitting your personal data, you consent to the processing of your personal data for purposes of subscribing to this mailing list accordance with the ICANN Privacy Policy (https://www.icann.org/privacy/policy) and the website Terms of Service (https://www.icann.org/privacy/tos). You can visit the Mailman link above to change your membership status or configuration, including unsubscribing, setting digest-style delivery or disabling delivery altogether (e.g., for a vacation), and so on.

Thanks, Anne. Our understanding is that the Framework of Interpretation is a report that offers consensus interpretation of the ICANN Bylaw language pertaining to human rights, it is not a tool that has been designed to facilitate assessing the potential impact of policy recommendations on human rights. The dedicated wiki page contains additional documents and information that may provide further guidance hence why we thought it would be a better approach to refer those interested to learn more there so that they have the range of documents and tools available to assist in this process. Best regards, Marika From: Anne ICANN <anneicanngnso@gmail.com> Date: Tuesday, 16 May 2023 at 14:46 To: Marika Konings <marika.konings@icann.org> Cc: "council@gnso.icann.org" <council@gnso.icann.org> Subject: Re: [Ext] Re: [council] For your review - updated PDP Templates to facilitate consideration of impact on HR Thanks Marika. Sometimes these links pepper the WG with too many different background documents. Here the HR-FOI is most relevant to the scope of the assessment of the impact so I still believe it's a good idea to include a reference to that in the text. If you think including the link makes it too long, then I would just add "... in accordance with the ICANN Human Rights Framework of Interpretation." This language would make the scope of the work much more readily understandable. I hope this request is not too burdensome. Thank you! Anne Anne Aikman-Scalese GNSO Councilor NomCom Non-Voting 2022-2024 anneicanngnso@gmail.com<mailto:anneicanngnso@gmail.com> On Tue, May 16, 2023 at 2:31 AM Marika Konings <marika.konings@icann.org<mailto:marika.konings@icann.org>> wrote: Hi Anne – thanks for your suggestion. Please note that the Framework of Interpretation, as well as other documents that may aid community and staff, can be found on the wiki page that is already referenced in the request for an Issue Report Template as well as Preliminary Issue Report template (see https://community.icann.org/x/RAPCCw). We’ll make sure to include the same link in the Charter Template and the Initial Report template. Best regards, Marika From: Anne ICANN <anneicanngnso@gmail.com<mailto:anneicanngnso@gmail.com>> Date: Monday, 15 May 2023 at 19:17 To: Marika Konings <marika.konings@icann.org<mailto:marika.konings@icann.org>> Cc: "council@gnso.icann.org<mailto:council@gnso.icann.org>" <council@gnso.icann.org<mailto:council@gnso.icann.org>> Subject: [Ext] Re: [council] For your review - updated PDP Templates to facilitate consideration of impact on HR Thanks Marika and many thanks to Ephraim! These forms look good. My only comment is that in each section in each of the forms asking whether there will be an impact on Human Rights, there should be a link inserted to the Framework of Interpretation for Human Rights(HR-FOI) that was adopted by the Board. The Framework should be very helpful in the preparation of the Issue Report and also to the WG as it conducts the HR impact analysis on a recommendation by recommendation basis as specified in the Charter template. (I understand that each Recommendation of the WG must be accompanied by an HR impact analysis. If that is not the case, please advise by reply all.) The link to the FOI is here: https://www.icann.org/en/system/files/files/ccwg-acct-ws2-annex-3-hr-foi-fin... So, for example, in the Working Group Charter template, we should insert the language shown below in blue: Thank you! Anne Impact on Human Rights The WG is expected to consider the potential impact of any recommendations on human rights as set forth in the ICANN Human Rights Framework of Interpretation (HR-FOI) linked here: https://www.icann.org/en/system/files/files/ccwg-acct-ws2-annex-3-hr-foi-fin.... Based on the information included in the request for an Issue Report and the Issue Report, the WG is expected to further consider whether there is a likely human rights impact, and if so, who are the groups expected to be impacted and the expected severity of the impact (high / medium / low). If an impact is anticipated, the WG is expected to address the following questions: 1) is the proposed action necessary to achieve the desired outcome, 2) is the proposed action proportionate, 3) is the proposed action legitimate. Anne Aikman-Scalese GNSO Councilor NomCom Non-Voting 2022-2024 anneicanngnso@gmail.com<mailto:anneicanngnso@gmail.com> On Mon, May 15, 2023 at 9:18 AM Marika Konings via council <council@gnso.icann.org<mailto:council@gnso.icann.org>> wrote: Dear All, Following the Council’s adoption of the CCOICI’s WS2 Recommendations Report, the staff support team has worked on: “In relation to 3 (Framework of Interpretation for Human Rights), the GNSO Council directs GNSO Staff Support to work on a proposed implementation of the recommendations, consulting relevant community experts as needed. This proposed implementation is to be reviewed and approved by the GNSO Council before implementation”; As a result, you will find attached updated versions of: * The request for an Issue Report template; * The Preliminary Issue Report template (proposed updates on page 6-7); * The PDP WG Charter Template (proposed updates on page 2-3), and; * The PDP WG Initial Report template (proposed updates on page 7). Each of these documents have been updated with a set of check-list questions that, as recommended by the CCOIC would provide a lightweight mechanism to assess whether an impact to human rights is likely or expected as a result of the consideration of a specific topic and/or the related recommendations. Flagging potential impact on human rights at an early stage in the process will assist in focusing attention on this topic throughout the deliberations as well as allowing for a more detailed human rights impact assessment, if an impact is expected or established. As you may note, a link is provided to a resource page that is managed by ICANN org where additional materials are available that may aid both staff as well as community in its consideration of the potential impact on human rights (see https://community.icann.org/x/RAPCCw). As further materials are developed, for example, work is underway on an ICANN Learn training on inclusion which is expected to present examples of protected groups, these will get added. It is also important to keep in mind that these documents are templates – it does not prevent further elaboration and/or guidance if deemed necessary either by Council or community working groups. A special thanks to Ephraim Percy Kenyanito for the original input he provided to the CCOICI as well as his review of and feedback on these templates. Please provide any comments or suggestions you may have by 7 June at the latest. If additional time is needed, please do not hesitate to let us know as well. Best regards, Ariel, Julie and Marika _______________________________________________ council mailing list council@gnso.icann.org<mailto:council@gnso.icann.org> https://mm.icann.org/mailman/listinfo/council _______________________________________________ By submitting your personal data, you consent to the processing of your personal data for purposes of subscribing to this mailing list accordance with the ICANN Privacy Policy (https://www.icann.org/privacy/policy) and the website Terms of Service (https://www.icann.org/privacy/tos). You can visit the Mailman link above to change your membership status or configuration, including unsubscribing, setting digest-style delivery or disabling delivery altogether (e.g., for a vacation), and so on.

Thanks, Anne, this is actually how it is referred to on the wiki page: “The ‘FOI’ is a brief report that offers consensus interpretation of bylaw language pertaining to human rights. This report was developed by a subcommittee within the CCWG-WS2”. It is definitely an important document in the context of the ICANN HR Bylaws, but not specific to assessing the impact of policy recommendations on HR as far as I understand which is what the additional language in the templates is focused on per the CCOICI recommendation. Maybe others can weigh in on whether it is viewed as essential that a reference to the framework is included in the templates themselves or whether it is sufficient that it is included together with other relevant materials that are intended to assist community and staff? Best regards, Marika From: Anne ICANN <anneicanngnso@gmail.com> Date: Tuesday, 16 May 2023 at 16:07 To: Marika Konings <marika.konings@icann.org> Cc: "council@gnso.icann.org" <council@gnso.icann.org> Subject: Re: [Ext] Re: [council] For your review - updated PDP Templates to facilitate consideration of impact on HR Thanks Marika. Certainly all the materials are relevant but I don't believe the Framework of Interpretation is a "report". Having working on that Workstream 2 team, I am aware that the ByLaws change was specifically designed to only take effect after the HR Framework of Interpretation was adopted. Thus, the Framework of Interpretation is quite important and is not just a "report." Given that the Framework was designed to effect implementation, it should be referred to specifically in the documents. Thank you, Anne Anne Aikman-Scalese GNSO Councilor NomCom Non-Voting 2022-2024 anneicanngnso@gmail.com<mailto:anneicanngnso@gmail.com> On Tue, May 16, 2023 at 5:56 AM Marika Konings <marika.konings@icann.org<mailto:marika.konings@icann.org>> wrote: Thanks, Anne. Our understanding is that the Framework of Interpretation is a report that offers consensus interpretation of the ICANN Bylaw language pertaining to human rights, it is not a tool that has been designed to facilitate assessing the potential impact of policy recommendations on human rights. The dedicated wiki page contains additional documents and information that may provide further guidance hence why we thought it would be a better approach to refer those interested to learn more there so that they have the range of documents and tools available to assist in this process. Best regards, Marika From: Anne ICANN <anneicanngnso@gmail.com<mailto:anneicanngnso@gmail.com>> Date: Tuesday, 16 May 2023 at 14:46 To: Marika Konings <marika.konings@icann.org<mailto:marika.konings@icann.org>> Cc: "council@gnso.icann.org<mailto:council@gnso.icann.org>" <council@gnso.icann.org<mailto:council@gnso.icann.org>> Subject: Re: [Ext] Re: [council] For your review - updated PDP Templates to facilitate consideration of impact on HR Thanks Marika. Sometimes these links pepper the WG with too many different background documents. Here the HR-FOI is most relevant to the scope of the assessment of the impact so I still believe it's a good idea to include a reference to that in the text. If you think including the link makes it too long, then I would just add "... in accordance with the ICANN Human Rights Framework of Interpretation." This language would make the scope of the work much more readily understandable. I hope this request is not too burdensome. Thank you! Anne Anne Aikman-Scalese GNSO Councilor NomCom Non-Voting 2022-2024 anneicanngnso@gmail.com<mailto:anneicanngnso@gmail.com> On Tue, May 16, 2023 at 2:31 AM Marika Konings <marika.konings@icann.org<mailto:marika.konings@icann.org>> wrote: Hi Anne – thanks for your suggestion. Please note that the Framework of Interpretation, as well as other documents that may aid community and staff, can be found on the wiki page that is already referenced in the request for an Issue Report Template as well as Preliminary Issue Report template (see https://community.icann.org/x/RAPCCw). We’ll make sure to include the same link in the Charter Template and the Initial Report template. Best regards, Marika From: Anne ICANN <anneicanngnso@gmail.com<mailto:anneicanngnso@gmail.com>> Date: Monday, 15 May 2023 at 19:17 To: Marika Konings <marika.konings@icann.org<mailto:marika.konings@icann.org>> Cc: "council@gnso.icann.org<mailto:council@gnso.icann.org>" <council@gnso.icann.org<mailto:council@gnso.icann.org>> Subject: [Ext] Re: [council] For your review - updated PDP Templates to facilitate consideration of impact on HR Thanks Marika and many thanks to Ephraim! These forms look good. My only comment is that in each section in each of the forms asking whether there will be an impact on Human Rights, there should be a link inserted to the Framework of Interpretation for Human Rights(HR-FOI) that was adopted by the Board. The Framework should be very helpful in the preparation of the Issue Report and also to the WG as it conducts the HR impact analysis on a recommendation by recommendation basis as specified in the Charter template. (I understand that each Recommendation of the WG must be accompanied by an HR impact analysis. If that is not the case, please advise by reply all.) The link to the FOI is here: https://www.icann.org/en/system/files/files/ccwg-acct-ws2-annex-3-hr-foi-fin... So, for example, in the Working Group Charter template, we should insert the language shown below in blue: Thank you! Anne Impact on Human Rights The WG is expected to consider the potential impact of any recommendations on human rights as set forth in the ICANN Human Rights Framework of Interpretation (HR-FOI) linked here: https://www.icann.org/en/system/files/files/ccwg-acct-ws2-annex-3-hr-foi-fin.... Based on the information included in the request for an Issue Report and the Issue Report, the WG is expected to further consider whether there is a likely human rights impact, and if so, who are the groups expected to be impacted and the expected severity of the impact (high / medium / low). If an impact is anticipated, the WG is expected to address the following questions: 1) is the proposed action necessary to achieve the desired outcome, 2) is the proposed action proportionate, 3) is the proposed action legitimate. Anne Aikman-Scalese GNSO Councilor NomCom Non-Voting 2022-2024 anneicanngnso@gmail.com<mailto:anneicanngnso@gmail.com> On Mon, May 15, 2023 at 9:18 AM Marika Konings via council <council@gnso.icann.org<mailto:council@gnso.icann.org>> wrote: Dear All, Following the Council’s adoption of the CCOICI’s WS2 Recommendations Report, the staff support team has worked on: “In relation to 3 (Framework of Interpretation for Human Rights), the GNSO Council directs GNSO Staff Support to work on a proposed implementation of the recommendations, consulting relevant community experts as needed. This proposed implementation is to be reviewed and approved by the GNSO Council before implementation”; As a result, you will find attached updated versions of: * The request for an Issue Report template; * The Preliminary Issue Report template (proposed updates on page 6-7); * The PDP WG Charter Template (proposed updates on page 2-3), and; * The PDP WG Initial Report template (proposed updates on page 7). Each of these documents have been updated with a set of check-list questions that, as recommended by the CCOIC would provide a lightweight mechanism to assess whether an impact to human rights is likely or expected as a result of the consideration of a specific topic and/or the related recommendations. Flagging potential impact on human rights at an early stage in the process will assist in focusing attention on this topic throughout the deliberations as well as allowing for a more detailed human rights impact assessment, if an impact is expected or established. As you may note, a link is provided to a resource page that is managed by ICANN org where additional materials are available that may aid both staff as well as community in its consideration of the potential impact on human rights (see https://community.icann.org/x/RAPCCw). As further materials are developed, for example, work is underway on an ICANN Learn training on inclusion which is expected to present examples of protected groups, these will get added. It is also important to keep in mind that these documents are templates – it does not prevent further elaboration and/or guidance if deemed necessary either by Council or community working groups. A special thanks to Ephraim Percy Kenyanito for the original input he provided to the CCOICI as well as his review of and feedback on these templates. Please provide any comments or suggestions you may have by 7 June at the latest. If additional time is needed, please do not hesitate to let us know as well. Best regards, Ariel, Julie and Marika _______________________________________________ council mailing list council@gnso.icann.org<mailto:council@gnso.icann.org> https://mm.icann.org/mailman/listinfo/council _______________________________________________ By submitting your personal data, you consent to the processing of your personal data for purposes of subscribing to this mailing list accordance with the ICANN Privacy Policy (https://www.icann.org/privacy/policy) and the website Terms of Service (https://www.icann.org/privacy/tos). You can visit the Mailman link above to change your membership status or configuration, including unsubscribing, setting digest-style delivery or disabling delivery altogether (e.g., for a vacation), and so on.

Marika, Could staff please provide Council with the relevant ByLaws provisions for the Human Rights Core Value? Looking back at my notes, I believe the importance of the Human Rights Framework of Interpretation is in Section 27.2 of the ByLaws. I understand that the revisions to the Issues Report and Charter Template will take effect immediately once approved by Council. Is that correct? Thank you! Anne Anne Aikman-Scalese GNSO Councilor NomCom Non-Voting 2022-2024 anneicanngnso@gmail.com On Tue, May 16, 2023 at 7:50 AM Anne ICANN <anneicanngnso@gmail.com> wrote:

Thanks Marika. Not sure how the wiki page language was developed or why the FOI is referred to there as a "report". I do know that the ByLaws change was not effective until the Framework of Interpretation was formally adopted and so we labored long to reach agreement on the language of the FOI. Thomas Rickert may be in the best position to provide further comment on the history of this Workstream 2 work and the role of the FOI in assessing HR impact.

Anne Aikman-Scalese GNSO Councilor NomCom Non-Voting 2022-2024 anneicanngnso@gmail.com

On Tue, May 16, 2023 at 7:45 AM Marika Konings <marika.konings@icann.org> wrote:

...

Thanks, Anne, this is actually how it is referred to on the wiki page: “The ‘FOI’ is a brief report that offers consensus interpretation of bylaw language pertaining to human rights. This report was developed by a subcommittee within the CCWG-WS2”. It is definitely an important document in the context of the ICANN HR Bylaws, but not specific to assessing the impact of policy recommendations on HR as far as I understand which is what the additional language in the templates is focused on per the CCOICI recommendation.

Maybe others can weigh in on whether it is viewed as essential that a reference to the framework is included in the templates themselves or whether it is sufficient that it is included together with other relevant materials that are intended to assist community and staff?

Best regards,

Marika

*From: *Anne ICANN <anneicanngnso@gmail.com> *Date: *Tuesday, 16 May 2023 at 16:07 *To: *Marika Konings <marika.konings@icann.org> *Cc: *"council@gnso.icann.org" <council@gnso.icann.org> *Subject: *Re: [Ext] Re: [council] For your review - updated PDP Templates to facilitate consideration of impact on HR

Thanks Marika. Certainly all the materials are relevant but I don't believe the Framework of Interpretation is a "report". Having working on that Workstream 2 team, I am aware that the ByLaws change was specifically designed to only take effect after the HR Framework of Interpretation was adopted. Thus, the Framework of Interpretation is quite important and is not just a "report."

Given that the Framework was designed to effect implementation, it should be referred to specifically in the documents.

Thank you,

Anne

Anne Aikman-Scalese

GNSO Councilor

NomCom Non-Voting 2022-2024

anneicanngnso@gmail.com

On Tue, May 16, 2023 at 5:56 AM Marika Konings <marika.konings@icann.org> wrote:

Thanks, Anne. Our understanding is that the Framework of Interpretation is a report that offers consensus interpretation of the ICANN Bylaw language pertaining to human rights, it is not a tool that has been designed to facilitate assessing the potential impact of policy recommendations on human rights. The dedicated wiki page contains additional documents and information that may provide further guidance hence why we thought it would be a better approach to refer those interested to learn more there so that they have the range of documents and tools available to assist in this process.

Best regards,

Marika

*From: *Anne ICANN <anneicanngnso@gmail.com> *Date: *Tuesday, 16 May 2023 at 14:46 *To: *Marika Konings <marika.konings@icann.org> *Cc: *"council@gnso.icann.org" <council@gnso.icann.org> *Subject: *Re: [Ext] Re: [council] For your review - updated PDP Templates to facilitate consideration of impact on HR

Thanks Marika. Sometimes these links pepper the WG with too many different background documents. Here the HR-FOI is most relevant to the scope of the assessment of the impact so I still believe it's a good idea to include a reference to that in the text. If you think including the link makes it too long, then I would just add "... in accordance with the ICANN Human Rights Framework of Interpretation."

This language would make the scope of the work much more readily understandable. I hope this request is not too burdensome.

Thank you!

Anne

Anne Aikman-Scalese

GNSO Councilor

NomCom Non-Voting 2022-2024

anneicanngnso@gmail.com

On Tue, May 16, 2023 at 2:31 AM Marika Konings <marika.konings@icann.org> wrote:

Hi Anne – thanks for your suggestion. Please note that the Framework of Interpretation, as well as other documents that may aid community and staff, can be found on the wiki page that is already referenced in the request for an Issue Report Template as well as Preliminary Issue Report template (see https://community.icann.org/x/RAPCCw). We’ll make sure to include the same link in the Charter Template and the Initial Report template.

Best regards,

Marika

*From: *Anne ICANN <anneicanngnso@gmail.com> *Date: *Monday, 15 May 2023 at 19:17 *To: *Marika Konings <marika.konings@icann.org> *Cc: *"council@gnso.icann.org" <council@gnso.icann.org> *Subject: *[Ext] Re: [council] For your review - updated PDP Templates to facilitate consideration of impact on HR

Thanks Marika and many thanks to Ephraim! These forms look good. My only comment is that in each section in each of the forms asking whether there will be an impact on Human Rights, there should be a link inserted to the Framework of Interpretation for Human Rights(HR-FOI) that was adopted by the Board. The Framework should be very helpful in the preparation of the Issue Report and also to the WG as it conducts the HR impact analysis on a recommendation by recommendation basis as specified in the Charter template. (I understand that each Recommendation of the WG must be accompanied by an HR impact analysis. If that is not the case, please advise by reply all.)

The link to the FOI is here:

https://www.icann.org/en/system/files/files/ccwg-acct-ws2-annex-3-hr-foi-fin...

So, for example, in the Working Group Charter template, we should insert the language shown below in blue:

Thank you!

Anne

Impact on Human Rights The WG is expected to consider the potential impact of any recommendations on human rights as set forth in the ICANN Human Rights Framework of Interpretation (HR-FOI) linked here: https://www.icann.org/en/system/files/files/ccwg-acct-ws2-annex-3-hr-foi-fin.... Based

on the information included in the request for an Issue Report and the Issue Report, the WG is expected to further consider whether there is a likely human rights impact, and if so, who are the groups expected to be impacted and the expected severity of the impact (high / medium / low). If an impact is anticipated, the WG is expected to address the following questions: 1) is the proposed action necessary to achieve the desired outcome, 2) is the proposed action proportionate, 3) is the proposed

action legitimate.

Anne Aikman-Scalese

GNSO Councilor

NomCom Non-Voting 2022-2024

anneicanngnso@gmail.com

On Mon, May 15, 2023 at 9:18 AM Marika Konings via council < council@gnso.icann.org> wrote:

Dear All,

Following the Council’s adoption of the CCOICI’s WS2 Recommendations Report, the staff support team has worked on:

*“In relation to 3 (Framework of Interpretation for Human Rights), the GNSO Council directs GNSO Staff Support to work on a proposed implementation of the recommendations, consulting relevant community experts as needed. This proposed implementation is to be reviewed and approved by the GNSO Council before implementation”;*

As a result, you will find attached updated versions of:

- The request for an Issue Report template; - The Preliminary Issue Report template (proposed updates on page 6-7); - The PDP WG Charter Template (proposed updates on page 2-3), and; - The PDP WG Initial Report template (proposed updates on page 7).

Each of these documents have been updated with a set of check-list questions that, as recommended by the CCOIC would provide a lightweight mechanism to assess whether an impact to human rights is likely or expected as a result of the consideration of a specific topic and/or the related recommendations. Flagging potential impact on human rights at an early stage in the process will assist in focusing attention on this topic throughout the deliberations as well as allowing for a more detailed human rights impact assessment, if an impact is expected or established.

As you may note, a link is provided to a resource page that is managed by ICANN org where additional materials are available that may aid both staff as well as community in its consideration of the potential impact on human rights (see https://community.icann.org/x/RAPCCw). As further materials are developed, for example, work is underway on an ICANN Learn training on inclusion which is expected to present examples of protected groups, these will get added.

It is also important to keep in mind that these documents are templates – it does not prevent further elaboration and/or guidance if deemed necessary either by Council or community working groups.

A special thanks to Ephraim Percy Kenyanito for the original input he provided to the CCOICI as well as his review of and feedback on these templates.

Please provide any comments or suggestions you may have *by 7 June at the latest*. If additional time is needed, please do not hesitate to let us know as well.

Best regards,

Ariel, Julie and Marika

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Hi Anne, all, sorry for chiming in late. To be honest, I do not recall how the framework was intended to be used. I will offer my take on this, though, based on the documentation. The FOI is a framework of interpretation for ICANN’s human rights bylaw. When ICANN produces documents, we do not always refer to the bylaws to state that documents or policies must be compliant with ICANN’s bylaws. It is taken for granted. Shouldn’t the same be true for the FOI so that that document is always relevant as it is to be read in conjunction with the bylaws? In practical terms, I think that we do not need to explicitly reference the FOI, whether it is a report or something else. On the contrary, would we not create precedent by referencing it suggesting that when it is not applicable when not explicitly referenced? Best, Thomas Von: council <council-bounces@gnso.icann.org> im Auftrag von Anne ICANN via council <council@gnso.icann.org> Antworten an: Anne ICANN <anneicanngnso@gmail.com> Datum: Dienstag, 16. Mai 2023 um 16:50 An: Marika Konings <marika.konings@icann.org> Cc: "council@gnso.icann.org" <council@gnso.icann.org> Betreff: Re: [council] [Ext] Re: For your review - updated PDP Templates to facilitate consideration of impact on HR Thanks Marika. Not sure how the wiki page language was developed or why the FOI is referred to there as a "report". I do know that the ByLaws change was not effective until the Framework of Interpretation was formally adopted and so we labored long to reach agreement on the language of the FOI. Thomas Rickert may be in the best position to provide further comment on the history of this Workstream 2 work and the role of the FOI in assessing HR impact. Anne Aikman-Scalese GNSO Councilor NomCom Non-Voting 2022-2024 anneicanngnso@gmail.com<mailto:anneicanngnso@gmail.com> On Tue, May 16, 2023 at 7:45 AM Marika Konings <marika.konings@icann.org<mailto:marika.konings@icann.org>> wrote: Thanks, Anne, this is actually how it is referred to on the wiki page: “The ‘FOI’ is a brief report that offers consensus interpretation of bylaw language pertaining to human rights. This report was developed by a subcommittee within the CCWG-WS2”. It is definitely an important document in the context of the ICANN HR Bylaws, but not specific to assessing the impact of policy recommendations on HR as far as I understand which is what the additional language in the templates is focused on per the CCOICI recommendation. Maybe others can weigh in on whether it is viewed as essential that a reference to the framework is included in the templates themselves or whether it is sufficient that it is included together with other relevant materials that are intended to assist community and staff? Best regards, Marika From: Anne ICANN <anneicanngnso@gmail.com<mailto:anneicanngnso@gmail.com>> Date: Tuesday, 16 May 2023 at 16:07 To: Marika Konings <marika.konings@icann.org<mailto:marika.konings@icann.org>> Cc: "council@gnso.icann.org<mailto:council@gnso.icann.org>" <council@gnso.icann.org<mailto:council@gnso.icann.org>> Subject: Re: [Ext] Re: [council] For your review - updated PDP Templates to facilitate consideration of impact on HR Thanks Marika. Certainly all the materials are relevant but I don't believe the Framework of Interpretation is a "report". Having working on that Workstream 2 team, I am aware that the ByLaws change was specifically designed to only take effect after the HR Framework of Interpretation was adopted. Thus, the Framework of Interpretation is quite important and is not just a "report." Given that the Framework was designed to effect implementation, it should be referred to specifically in the documents. Thank you, Anne Anne Aikman-Scalese GNSO Councilor NomCom Non-Voting 2022-2024 anneicanngnso@gmail.com<mailto:anneicanngnso@gmail.com> On Tue, May 16, 2023 at 5:56 AM Marika Konings <marika.konings@icann.org<mailto:marika.konings@icann.org>> wrote: Thanks, Anne. Our understanding is that the Framework of Interpretation is a report that offers consensus interpretation of the ICANN Bylaw language pertaining to human rights, it is not a tool that has been designed to facilitate assessing the potential impact of policy recommendations on human rights. The dedicated wiki page contains additional documents and information that may provide further guidance hence why we thought it would be a better approach to refer those interested to learn more there so that they have the range of documents and tools available to assist in this process. Best regards, Marika From: Anne ICANN <anneicanngnso@gmail.com<mailto:anneicanngnso@gmail.com>> Date: Tuesday, 16 May 2023 at 14:46 To: Marika Konings <marika.konings@icann.org<mailto:marika.konings@icann.org>> Cc: "council@gnso.icann.org<mailto:council@gnso.icann.org>" <council@gnso.icann.org<mailto:council@gnso.icann.org>> Subject: Re: [Ext] Re: [council] For your review - updated PDP Templates to facilitate consideration of impact on HR Thanks Marika. Sometimes these links pepper the WG with too many different background documents. Here the HR-FOI is most relevant to the scope of the assessment of the impact so I still believe it's a good idea to include a reference to that in the text. If you think including the link makes it too long, then I would just add "... in accordance with the ICANN Human Rights Framework of Interpretation." This language would make the scope of the work much more readily understandable. I hope this request is not too burdensome. Thank you! Anne Anne Aikman-Scalese GNSO Councilor NomCom Non-Voting 2022-2024 anneicanngnso@gmail.com<mailto:anneicanngnso@gmail.com> On Tue, May 16, 2023 at 2:31 AM Marika Konings <marika.konings@icann.org<mailto:marika.konings@icann.org>> wrote: Hi Anne – thanks for your suggestion. Please note that the Framework of Interpretation, as well as other documents that may aid community and staff, can be found on the wiki page that is already referenced in the request for an Issue Report Template as well as Preliminary Issue Report template (see https://community.icann.org/x/RAPCCw). We’ll make sure to include the same link in the Charter Template and the Initial Report template. Best regards, Marika From: Anne ICANN <anneicanngnso@gmail.com<mailto:anneicanngnso@gmail.com>> Date: Monday, 15 May 2023 at 19:17 To: Marika Konings <marika.konings@icann.org<mailto:marika.konings@icann.org>> Cc: "council@gnso.icann.org<mailto:council@gnso.icann.org>" <council@gnso.icann.org<mailto:council@gnso.icann.org>> Subject: [Ext] Re: [council] For your review - updated PDP Templates to facilitate consideration of impact on HR Thanks Marika and many thanks to Ephraim! These forms look good. My only comment is that in each section in each of the forms asking whether there will be an impact on Human Rights, there should be a link inserted to the Framework of Interpretation for Human Rights(HR-FOI) that was adopted by the Board. The Framework should be very helpful in the preparation of the Issue Report and also to the WG as it conducts the HR impact analysis on a recommendation by recommendation basis as specified in the Charter template. (I understand that each Recommendation of the WG must be accompanied by an HR impact analysis. If that is not the case, please advise by reply all.) The link to the FOI is here: https://www.icann.org/en/system/files/files/ccwg-acct-ws2-annex-3-hr-foi-fin... So, for example, in the Working Group Charter template, we should insert the language shown below in blue: Thank you! Anne Impact on Human Rights The WG is expected to consider the potential impact of any recommendations on human rights as set forth in the ICANN Human Rights Framework of Interpretation (HR-FOI) linked here: https://www.icann.org/en/system/files/files/ccwg-acct-ws2-annex-3-hr-foi-fin.... Based on the information included in the request for an Issue Report and the Issue Report, the WG is expected to further consider whether there is a likely human rights impact, and if so, who are the groups expected to be impacted and the expected severity of the impact (high / medium / low). If an impact is anticipated, the WG is expected to address the following questions: 1) is the proposed action necessary to achieve the desired outcome, 2) is the proposed action proportionate, 3) is the proposed action legitimate. Anne Aikman-Scalese GNSO Councilor NomCom Non-Voting 2022-2024 anneicanngnso@gmail.com<mailto:anneicanngnso@gmail.com> On Mon, May 15, 2023 at 9:18 AM Marika Konings via council <council@gnso.icann.org<mailto:council@gnso.icann.org>> wrote: Dear All, Following the Council’s adoption of the CCOICI’s WS2 Recommendations Report, the staff support team has worked on: “In relation to 3 (Framework of Interpretation for Human Rights), the GNSO Council directs GNSO Staff Support to work on a proposed implementation of the recommendations, consulting relevant community experts as needed. This proposed implementation is to be reviewed and approved by the GNSO Council before implementation”; As a result, you will find attached updated versions of: * The request for an Issue Report template; * The Preliminary Issue Report template (proposed updates on page 6-7); * The PDP WG Charter Template (proposed updates on page 2-3), and; * The PDP WG Initial Report template (proposed updates on page 7). Each of these documents have been updated with a set of check-list questions that, as recommended by the CCOIC would provide a lightweight mechanism to assess whether an impact to human rights is likely or expected as a result of the consideration of a specific topic and/or the related recommendations. Flagging potential impact on human rights at an early stage in the process will assist in focusing attention on this topic throughout the deliberations as well as allowing for a more detailed human rights impact assessment, if an impact is expected or established. As you may note, a link is provided to a resource page that is managed by ICANN org where additional materials are available that may aid both staff as well as community in its consideration of the potential impact on human rights (see https://community.icann.org/x/RAPCCw). As further materials are developed, for example, work is underway on an ICANN Learn training on inclusion which is expected to present examples of protected groups, these will get added. It is also important to keep in mind that these documents are templates – it does not prevent further elaboration and/or guidance if deemed necessary either by Council or community working groups. A special thanks to Ephraim Percy Kenyanito for the original input he provided to the CCOICI as well as his review of and feedback on these templates. Please provide any comments or suggestions you may have by 7 June at the latest. If additional time is needed, please do not hesitate to let us know as well. Best regards, Ariel, Julie and Marika _______________________________________________ council mailing list council@gnso.icann.org<mailto:council@gnso.icann.org> https://mm.icann.org/mailman/listinfo/council _______________________________________________ By submitting your personal data, you consent to the processing of your personal data for purposes of subscribing to this mailing list accordance with the ICANN Privacy Policy (https://www.icann.org/privacy/policy) and the website Terms of Service (https://www.icann.org/privacy/tos). You can visit the Mailman link above to change your membership status or configuration, including unsubscribing, setting digest-style delivery or disabling delivery altogether (e.g., for a vacation), and so on.

I really support Anne's request for more time.  This is an important issue, given the fundamental tension between free expression interests of the parties.  HR impact assessments are a work in progress still, and are only as strong as the information (facts) and risk imaginations brought to them.  Not sure that the FOI is going to assist in that process, so need to go study them both....and we are packing and dealing with umpteen pre-meetings this week.  Please, more time. Stephanie PErrin On 2023-06-06 10:58 a.m., Anne ICANN via council wrote:

Thanks Thomas.  I think you are saying the ByLaws always govern and that the FOI is a community consensus interpretation of the ByLaws provision re the Human Rights Core Value.  Is that correct?

I will give an example as to the reason I believe it's important to clarify the significance of the Human Rights Framework of Interpretation to the HR Impact Analysis:

Council will soon debate the best tool for addressing the Closed Generics policy issue. Regardless of the tool that is chosen, it appears that Human Rights in relation to freedom of expression will be asserted by both those who advocate for unrestricted Closed Generics and those who advocate that no Closed Generics be permitted.  The highly anticipated Facilitated Dialog work on a proposed framework for Closed Generics will presumably be subject to a Human Rights Impact Analysis.  All indications based on comments in Council meetings are that Applicants for Closed Generics will assert that the GAC Advice abridges Applicant freedom of expression. End User advocates will assert that restricting registrations in generic TLDs to a closed set of registrants abridges end user freedom of expression.

Having participated on the Sub Team for Human Rights in Workstream 2, I can safely say that the balance to be struck here is exactly what the Human Rights Framework of Interpretation was meant to address.    Accordingly, I think it would be unwise to finalize the templates for the Impact Analysis without acknowledging directly the fact that the HR Framework of Interpretation governs interpretation of the Human Rights Core Value in the policy process, including the process of HR Impact Analysis.  I do agree with you that the ByLaws always govern but the FOI itself is not a ByLaw.  It is a guide that is supposed to help establish principles for applying the ByLaw in the policymaking context.

I would appreciate getting an extension beyond the June 7 deadline specified by Marika so that this important subject of the templates could be discussed in light of the upcoming work on Closed Generics.  (I know Marika will say we can approve the templates and address that issue later with respect to that policy work but I think it's important for Council to address this at the template stage.)

Thank you, Anne Anne Aikman-Scalese GNSO Councilor NomCom Non-Voting 2022-2024 anneicanngnso@gmail.com

On Mon, Jun 5, 2023 at 12:26 PM Thomas Rickert | rickert.law <thomas@rickert.law> wrote:

Hi Anne, all,

sorry for chiming in late.

To be honest, I do not recall how the framework was intended to be used. I will offer my take on this, though, based on the documentation.

The FOI is a framework of interpretation for ICANN’s human rights bylaw. When ICANN produces documents, we do not always refer to the bylaws to state that documents or policies must be compliant with ICANN’s bylaws. It is taken for granted.

Shouldn’t the same be true for the FOI so that that document is always relevant as it is to be read in conjunction with the bylaws?

In practical terms, I think that we do not need to explicitly reference the FOI, whether it is a report or something else.

On the contrary, would we not create precedent by referencing it suggesting that when it is not applicable when not explicitly referenced?

Best,

Thomas

*Von: *council <council-bounces@gnso.icann.org> im Auftrag von Anne ICANN via council <council@gnso.icann.org> *Antworten an: *Anne ICANN <anneicanngnso@gmail.com> *Datum: *Dienstag, 16. Mai 2023 um 16:50 *An: *Marika Konings <marika.konings@icann.org> *Cc: *"council@gnso.icann.org" <council@gnso.icann.org> *Betreff: *Re: [council] [Ext] Re: For your review - updated PDP Templates to facilitate consideration of impact on HR

Thanks Marika.  Not sure how the wiki page language was developed or why the FOI is referred to there as a "report".  I do know that the ByLaws change was not effective until the Framework of Interpretation was formally adopted and so we labored long to reach agreement on the language of the FOI.  Thomas Rickert may be in the best position to provide further comment on the history of this Workstream 2 work and the role of the FOI in assessing HR impact.

Anne Aikman-Scalese

GNSO Councilor

NomCom Non-Voting 2022-2024

anneicanngnso@gmail.com

On Tue, May 16, 2023 at 7:45 AM Marika Konings <marika.konings@icann.org> wrote:

Thanks, Anne, this is actually how it is referred to on the wiki page: “The ‘FOI’ is a brief report that offers consensus interpretation of bylaw language pertaining to human rights. This report was developed by a subcommittee within the CCWG-WS2”. It is definitely an important document in the context of the ICANN HR Bylaws, but not specific to assessing the impact of policy recommendations on HR as far as I understand which is what the additional language in the templates is focused on per the CCOICI recommendation.

Maybe others can weigh in on whether it is viewed as essential that a reference to the framework is included in the templates themselves or whether it is sufficient that it is included together with other relevant materials that are intended to assist community and staff?

Best regards,

Marika

*From: *Anne ICANN <anneicanngnso@gmail.com> *Date: *Tuesday, 16 May 2023 at 16:07 *To: *Marika Konings <marika.konings@icann.org> *Cc: *"council@gnso.icann.org" <council@gnso.icann.org> *Subject: *Re: [Ext] Re: [council] For your review - updated PDP Templates to facilitate consideration of impact on HR

Thanks Marika. Certainly all the materials are relevant but I don't believe the Framework of Interpretation is a "report".  Having working on that Workstream 2 team, I am aware that the ByLaws change was specifically designed to only take effect after the HR Framework of Interpretation was adopted.  Thus, the Framework of Interpretation is quite important and is not just a "report."

Given that the Framework was designed to effect implementation, it should be referred to specifically in the documents.

Thank you,

Anne

Anne Aikman-Scalese

GNSO Councilor

NomCom Non-Voting 2022-2024

anneicanngnso@gmail.com

On Tue, May 16, 2023 at 5:56 AM Marika Konings <marika.konings@icann.org> wrote:

Thanks, Anne. Our understanding is that the Framework of Interpretation is a report that offers consensus interpretation of the ICANN Bylaw language pertaining to human rights, it is not a tool that has been designed to facilitate assessing the potential impact of policy recommendations on human rights. The dedicated wiki page contains additional documents and information that may provide further guidance hence why we thought it would be a better approach to refer those interested to learn more there so that they have the range of documents and tools available to assist in this process.

Best regards,

Marika

*From: *Anne ICANN <anneicanngnso@gmail.com> *Date: *Tuesday, 16 May 2023 at 14:46 *To: *Marika Konings <marika.konings@icann.org> *Cc: *"council@gnso.icann.org" <council@gnso.icann.org> *Subject: *Re: [Ext] Re: [council] For your review - updated PDP Templates to facilitate consideration of impact on HR

Thanks Marika.  Sometimes these links pepper the WG with too many different background documents. Here the HR-FOI is most relevant to the scope of the assessment of the impact so I still believe it's a good idea to include a reference to that in the text. If you think including the link makes it too long, then I would just add "... in accordance with the ICANN Human Rights Framework of Interpretation."

This language would make the scope of the work much more readily understandable.  I hope this request is not too burdensome.

Thank you!

Anne

Anne Aikman-Scalese

GNSO Councilor

NomCom Non-Voting 2022-2024

anneicanngnso@gmail.com

On Tue, May 16, 2023 at 2:31 AM Marika Konings <marika.konings@icann.org> wrote:

Hi Anne – thanks for your suggestion. Please note that the Framework of Interpretation, as well as other documents that may aid community and staff, can be found on the wiki page that is already referenced in the request for an Issue Report Template as well as Preliminary Issue Report template (see https://community.icann.org/x/RAPCCw). We’ll make sure to include the same link in the Charter Template and the Initial Report template.

Best regards,

Marika

*From: *Anne ICANN <anneicanngnso@gmail.com> *Date: *Monday, 15 May 2023 at 19:17 *To: *Marika Konings <marika.konings@icann.org> *Cc: *"council@gnso.icann.org" <council@gnso.icann.org> *Subject: *[Ext] Re: [council] For your review - updated PDP Templates to facilitate consideration of impact on HR

Thanks Marika and many thanks to Ephraim!  These forms look good.  My only comment is that in each section in each of the forms asking whether there will be an impact on Human Rights, there should be a link inserted to the Framework of Interpretation for Human Rights(HR-FOI) that was adopted by the Board.  The Framework should be very helpful in the preparation of the Issue Report and also to the WG as it conducts the HR impact analysis on a recommendation by recommendation basis as specified in the Charter template.  (I understand that each Recommendation of the WG must be accompanied by an HR impact analysis.  If that is not the case, please advise by reply all.)

The link to the FOI is here:

https://www.icann.org/en/system/files/files/ccwg-acct-ws2-annex-3-hr-foi-fin...

So, for example, in the Working Group Charter template, we should insert the language shown below in blue:

Thank you!

Anne

Impact on Human Rights The WG is expected to consider the potential impact of any recommendations on human rights as set forth in the ICANN Human Rights Framework of Interpretation (HR-FOI) linked here: https://www.icann.org/en/system/files/files/ccwg-acct-ws2-annex-3-hr-foi-fin.... Based

on the information included in the request for an Issue Report and the Issue Report, the WG is expected to further consider whether there is a likely human rights impact, and if so, who are the groups expected to be impacted and the expected severity of the impact (high / medium / low). If an impact is anticipated, the WG is expected to address the following questions: 1) is the proposed action necessary to achieve the desired outcome, 2) is the proposed action proportionate, 3) is the proposed

action legitimate.

Anne Aikman-Scalese

GNSO Councilor

NomCom Non-Voting 2022-2024

anneicanngnso@gmail.com

On Mon, May 15, 2023 at 9:18 AM Marika Konings via council <council@gnso.icann.org> wrote:

Dear All,

Following the Council’s adoption of the CCOICI’s WS2 Recommendations Report, the staff support team has worked on:

/“In relation to 3 (Framework of Interpretation for Human Rights), the GNSO Council directs GNSO Staff Support to work on a proposed implementation of the recommendations, consulting relevant community experts as needed. This proposed implementation is to be reviewed and approved by the GNSO Council before implementation”;/

As a result, you will find attached updated versions of:

* The request for an Issue Report template; * The Preliminary Issue Report template (proposed updates on page 6-7); * The PDP WG Charter Template (proposed updates on page 2-3), and; * The PDP WG Initial Report template (proposed updates on page 7).

Each of these documents have been updated with a set of check-list questions that, as recommended by the CCOIC would provide a lightweight mechanism to assess whether an impact to human rights is likely or expected as a result of the consideration of a specific topic and/or the related recommendations. Flagging potential impact on human rights at an early stage in the process will assist in focusing attention on this topic throughout the deliberations as well as allowing for a more detailed human rights impact assessment, if an impact is expected or established.

As you may note, a link is provided to a resource page that is managed by ICANN org where additional materials are available that may aid both staff as well as community in its consideration of the potential impact on human rights (see https://community.icann.org/x/RAPCCw). As further materials are developed, for example, work is underway on an ICANN Learn training on inclusion which is expected to present examples of protected groups, these will get added.

It is also important to keep in mind that these documents are templates – it does not prevent further elaboration and/or guidance if deemed necessary either by Council or community working groups.

A special thanks to Ephraim Percy Kenyanito for the original input he provided to the CCOICI as well as his review of and feedback on these templates.

Please provide any comments or suggestions you may have *_by 7 June at the latest_*. If additional time is needed, please do not hesitate to let us know as well.

Best regards,

Ariel, Julie and Marika

_______________________________________________ council mailing list council@gnso.icann.org https://mm.icann.org/mailman/listinfo/council

_______________________________________________ By submitting your personal data, you consent to the processing of your personal data for purposes of subscribing to this mailing list accordance with the ICANN Privacy Policy (https://www.icann.org/privacy/policy) and the website Terms of Service (https://www.icann.org/privacy/tos). You can visit the Mailman link above to change your membership status or configuration, including unsubscribing, setting digest-style delivery or disabling delivery altogether (e.g., for a vacation), and so on.

_______________________________________________ council mailing list council@gnso.icann.org https://mm.icann.org/mailman/listinfo/council

_______________________________________________ By submitting your personal data, you consent to the processing of your personal data for purposes of subscribing to this mailing list accordance with the ICANN Privacy Policy (https://www.icann.org/privacy/policy) and the website Terms of Service (https://www.icann.org/privacy/tos). You can visit the Mailman link above to change your membership status or configuration, including unsubscribing, setting digest-style delivery or disabling delivery altogether (e.g., for a vacation), and so on.

Thanks, Marika. Let‘s find a bit of time to discuss this while we are in DC. Best, Thomas Sent from my mobile device. Please excuse typos and brevity. ________________________________ Von: council <council-bounces@gnso.icann.org> im Auftrag von Marika Konings via council <council@gnso.icann.org> Gesendet: Wednesday, June 7, 2023 8:37:22 AM An: Stephanie E Perrin <stephanie.perrin@mail.utoronto.ca>; council@gnso.icann.org <council@gnso.icann.org> Betreff: Re: [council] [Ext] Re: For your review - updated PDP Templates to facilitate consideration of impact on HR Dear All, No problem providing everyone with a bit more time. How about Friday 23 June as a deadline to provide any further comments or suggestions? This should allow everyone to discuss this during ICANN77. As a reminder, these are templates that can be updated as deemed necessary by the Council to factor in specific aspects of the topic that is under consideration – it is not intended to be a one-size fits all. Best regards, Marika From: council <council-bounces@gnso.icann.org> on behalf of Stephanie E Perrin via council <council@gnso.icann.org> Reply to: Stephanie E Perrin <stephanie.perrin@mail.utoronto.ca> Date: Wednesday, 7 June 2023 at 00:20 To: "council@gnso.icann.org" <council@gnso.icann.org> Subject: Re: [council] [Ext] Re: For your review - updated PDP Templates to facilitate consideration of impact on HR I really support Anne's request for more time. This is an important issue, given the fundamental tension between free expression interests of the parties. HR impact assessments are a work in progress still, and are only as strong as the information (facts) and risk imaginations brought to them. Not sure that the FOI is going to assist in that process, so need to go study them both....and we are packing and dealing with umpteen pre-meetings this week. Please, more time. Stephanie PErrin On 2023-06-06 10:58 a.m., Anne ICANN via council wrote: Thanks Thomas. I think you are saying the ByLaws always govern and that the FOI is a community consensus interpretation of the ByLaws provision re the Human Rights Core Value. Is that correct? I will give an example as to the reason I believe it's important to clarify the significance of the Human Rights Framework of Interpretation to the HR Impact Analysis: Council will soon debate the best tool for addressing the Closed Generics policy issue. Regardless of the tool that is chosen, it appears that Human Rights in relation to freedom of expression will be asserted by both those who advocate for unrestricted Closed Generics and those who advocate that no Closed Generics be permitted. The highly anticipated Facilitated Dialog work on a proposed framework for Closed Generics will presumably be subject to a Human Rights Impact Analysis. All indications based on comments in Council meetings are that Applicants for Closed Generics will assert that the GAC Advice abridges Applicant freedom of expression. End User advocates will assert that restricting registrations in generic TLDs to a closed set of registrants abridges end user freedom of expression. Having participated on the Sub Team for Human Rights in Workstream 2, I can safely say that the balance to be struck here is exactly what the Human Rights Framework of Interpretation was meant to address. Accordingly, I think it would be unwise to finalize the templates for the Impact Analysis without acknowledging directly the fact that the HR Framework of Interpretation governs interpretation of the Human Rights Core Value in the policy process, including the process of HR Impact Analysis. I do agree with you that the ByLaws always govern but the FOI itself is not a ByLaw. It is a guide that is supposed to help establish principles for applying the ByLaw in the policymaking context. I would appreciate getting an extension beyond the June 7 deadline specified by Marika so that this important subject of the templates could be discussed in light of the upcoming work on Closed Generics. (I know Marika will say we can approve the templates and address that issue later with respect to that policy work but I think it's important for Council to address this at the template stage.) Thank you, Anne Anne Aikman-Scalese GNSO Councilor NomCom Non-Voting 2022-2024 anneicanngnso@gmail.com<mailto:anneicanngnso@gmail.com> On Mon, Jun 5, 2023 at 12:26 PM Thomas Rickert | rickert.law <thomas@rickert.law><mailto:thomas@rickert.law> wrote: Hi Anne, all, sorry for chiming in late. To be honest, I do not recall how the framework was intended to be used. I will offer my take on this, though, based on the documentation. The FOI is a framework of interpretation for ICANN’s human rights bylaw. When ICANN produces documents, we do not always refer to the bylaws to state that documents or policies must be compliant with ICANN’s bylaws. It is taken for granted. Shouldn’t the same be true for the FOI so that that document is always relevant as it is to be read in conjunction with the bylaws? In practical terms, I think that we do not need to explicitly reference the FOI, whether it is a report or something else. On the contrary, would we not create precedent by referencing it suggesting that when it is not applicable when not explicitly referenced? Best, Thomas Von: council <council-bounces@gnso.icann.org<mailto:council-bounces@gnso.icann.org>> im Auftrag von Anne ICANN via council <council@gnso.icann.org<mailto:council@gnso.icann.org>> Antworten an: Anne ICANN <anneicanngnso@gmail.com<mailto:anneicanngnso@gmail.com>> Datum: Dienstag, 16. Mai 2023 um 16:50 An: Marika Konings <marika.konings@icann.org<mailto:marika.konings@icann.org>> Cc: "council@gnso.icann.org<mailto:council@gnso.icann.org>" <council@gnso.icann.org<mailto:council@gnso.icann.org>> Betreff: Re: [council] [Ext] Re: For your review - updated PDP Templates to facilitate consideration of impact on HR Thanks Marika. Not sure how the wiki page language was developed or why the FOI is referred to there as a "report". I do know that the ByLaws change was not effective until the Framework of Interpretation was formally adopted and so we labored long to reach agreement on the language of the FOI. Thomas Rickert may be in the best position to provide further comment on the history of this Workstream 2 work and the role of the FOI in assessing HR impact. Anne Aikman-Scalese GNSO Councilor NomCom Non-Voting 2022-2024 anneicanngnso@gmail.com<mailto:anneicanngnso@gmail.com> On Tue, May 16, 2023 at 7:45 AM Marika Konings <marika.konings@icann.org<mailto:marika.konings@icann.org>> wrote: Thanks, Anne, this is actually how it is referred to on the wiki page: “The ‘FOI’ is a brief report that offers consensus interpretation of bylaw language pertaining to human rights. This report was developed by a subcommittee within the CCWG-WS2”. It is definitely an important document in the context of the ICANN HR Bylaws, but not specific to assessing the impact of policy recommendations on HR as far as I understand which is what the additional language in the templates is focused on per the CCOICI recommendation. Maybe others can weigh in on whether it is viewed as essential that a reference to the framework is included in the templates themselves or whether it is sufficient that it is included together with other relevant materials that are intended to assist community and staff? Best regards, Marika From: Anne ICANN <anneicanngnso@gmail.com<mailto:anneicanngnso@gmail.com>> Date: Tuesday, 16 May 2023 at 16:07 To: Marika Konings <marika.konings@icann.org<mailto:marika.konings@icann.org>> Cc: "council@gnso.icann.org<mailto:council@gnso.icann.org>" <council@gnso.icann.org<mailto:council@gnso.icann.org>> Subject: Re: [Ext] Re: [council] For your review - updated PDP Templates to facilitate consideration of impact on HR Thanks Marika. Certainly all the materials are relevant but I don't believe the Framework of Interpretation is a "report". Having working on that Workstream 2 team, I am aware that the ByLaws change was specifically designed to only take effect after the HR Framework of Interpretation was adopted. Thus, the Framework of Interpretation is quite important and is not just a "report." Given that the Framework was designed to effect implementation, it should be referred to specifically in the documents. Thank you, Anne Anne Aikman-Scalese GNSO Councilor NomCom Non-Voting 2022-2024 anneicanngnso@gmail.com<mailto:anneicanngnso@gmail.com> On Tue, May 16, 2023 at 5:56 AM Marika Konings <marika.konings@icann.org<mailto:marika.konings@icann.org>> wrote: Thanks, Anne. Our understanding is that the Framework of Interpretation is a report that offers consensus interpretation of the ICANN Bylaw language pertaining to human rights, it is not a tool that has been designed to facilitate assessing the potential impact of policy recommendations on human rights. The dedicated wiki page contains additional documents and information that may provide further guidance hence why we thought it would be a better approach to refer those interested to learn more there so that they have the range of documents and tools available to assist in this process. Best regards, Marika From: Anne ICANN <anneicanngnso@gmail.com<mailto:anneicanngnso@gmail.com>> Date: Tuesday, 16 May 2023 at 14:46 To: Marika Konings <marika.konings@icann.org<mailto:marika.konings@icann.org>> Cc: "council@gnso.icann.org<mailto:council@gnso.icann.org>" <council@gnso.icann.org<mailto:council@gnso.icann.org>> Subject: Re: [Ext] Re: [council] For your review - updated PDP Templates to facilitate consideration of impact on HR Thanks Marika. Sometimes these links pepper the WG with too many different background documents. Here the HR-FOI is most relevant to the scope of the assessment of the impact so I still believe it's a good idea to include a reference to that in the text. If you think including the link makes it too long, then I would just add "... in accordance with the ICANN Human Rights Framework of Interpretation." This language would make the scope of the work much more readily understandable. I hope this request is not too burdensome. Thank you! Anne Anne Aikman-Scalese GNSO Councilor NomCom Non-Voting 2022-2024 anneicanngnso@gmail.com<mailto:anneicanngnso@gmail.com> On Tue, May 16, 2023 at 2:31 AM Marika Konings <marika.konings@icann.org<mailto:marika.konings@icann.org>> wrote: Hi Anne – thanks for your suggestion. Please note that the Framework of Interpretation, as well as other documents that may aid community and staff, can be found on the wiki page that is already referenced in the request for an Issue Report Template as well as Preliminary Issue Report template (see https://community.icann.org/x/RAPCCw). We’ll make sure to include the same link in the Charter Template and the Initial Report template. Best regards, Marika From: Anne ICANN <anneicanngnso@gmail.com<mailto:anneicanngnso@gmail.com>> Date: Monday, 15 May 2023 at 19:17 To: Marika Konings <marika.konings@icann.org<mailto:marika.konings@icann.org>> Cc: "council@gnso.icann.org<mailto:council@gnso.icann.org>" <council@gnso.icann.org<mailto:council@gnso.icann.org>> Subject: [Ext] Re: [council] For your review - updated PDP Templates to facilitate consideration of impact on HR Thanks Marika and many thanks to Ephraim! These forms look good. My only comment is that in each section in each of the forms asking whether there will be an impact on Human Rights, there should be a link inserted to the Framework of Interpretation for Human Rights(HR-FOI) that was adopted by the Board. The Framework should be very helpful in the preparation of the Issue Report and also to the WG as it conducts the HR impact analysis on a recommendation by recommendation basis as specified in the Charter template. (I understand that each Recommendation of the WG must be accompanied by an HR impact analysis. If that is not the case, please advise by reply all.) The link to the FOI is here: https://www.icann.org/en/system/files/files/ccwg-acct-ws2-annex-3-hr-foi-fin... So, for example, in the Working Group Charter template, we should insert the language shown below in blue: Thank you! Anne Impact on Human Rights The WG is expected to consider the potential impact of any recommendations on human rights as set forth in the ICANN Human Rights Framework of Interpretation (HR-FOI) linked here: https://www.icann.org/en/system/files/files/ccwg-acct-ws2-annex-3-hr-foi-fin.... Based on the information included in the request for an Issue Report and the Issue Report, the WG is expected to further consider whether there is a likely human rights impact, and if so, who are the groups expected to be impacted and the expected severity of the impact (high / medium / low). If an impact is anticipated, the WG is expected to address the following questions: 1) is the proposed action necessary to achieve the desired outcome, 2) is the proposed action proportionate, 3) is the proposed action legitimate. Anne Aikman-Scalese GNSO Councilor NomCom Non-Voting 2022-2024 anneicanngnso@gmail.com<mailto:anneicanngnso@gmail.com> On Mon, May 15, 2023 at 9:18 AM Marika Konings via council <council@gnso.icann.org<mailto:council@gnso.icann.org>> wrote: Dear All, Following the Council’s adoption of the CCOICI’s WS2 Recommendations Report, the staff support team has worked on: “In relation to 3 (Framework of Interpretation for Human Rights), the GNSO Council directs GNSO Staff Support to work on a proposed implementation of the recommendations, consulting relevant community experts as needed. This proposed implementation is to be reviewed and approved by the GNSO Council before implementation”; As a result, you will find attached updated versions of: * The request for an Issue Report template; * The Preliminary Issue Report template (proposed updates on page 6-7); * The PDP WG Charter Template (proposed updates on page 2-3), and; * The PDP WG Initial Report template (proposed updates on page 7). Each of these documents have been updated with a set of check-list questions that, as recommended by the CCOIC would provide a lightweight mechanism to assess whether an impact to human rights is likely or expected as a result of the consideration of a specific topic and/or the related recommendations. Flagging potential impact on human rights at an early stage in the process will assist in focusing attention on this topic throughout the deliberations as well as allowing for a more detailed human rights impact assessment, if an impact is expected or established. As you may note, a link is provided to a resource page that is managed by ICANN org where additional materials are available that may aid both staff as well as community in its consideration of the potential impact on human rights (see https://community.icann.org/x/RAPCCw). As further materials are developed, for example, work is underway on an ICANN Learn training on inclusion which is expected to present examples of protected groups, these will get added. It is also important to keep in mind that these documents are templates – it does not prevent further elaboration and/or guidance if deemed necessary either by Council or community working groups. A special thanks to Ephraim Percy Kenyanito for the original input he provided to the CCOICI as well as his review of and feedback on these templates. Please provide any comments or suggestions you may have by 7 June at the latest. If additional time is needed, please do not hesitate to let us know as well. Best regards, Ariel, Julie and Marika _______________________________________________ council mailing list council@gnso.icann.org<mailto:council@gnso.icann.org> https://mm.icann.org/mailman/listinfo/council _______________________________________________ By submitting your personal data, you consent to the processing of your personal data for purposes of subscribing to this mailing list accordance with the ICANN Privacy Policy (https://www.icann.org/privacy/policy) and the website Terms of Service (https://www.icann.org/privacy/tos). You can visit the Mailman link above to change your membership status or configuration, including unsubscribing, setting digest-style delivery or disabling delivery altogether (e.g., for a vacation), and so on. _______________________________________________ council mailing list council@gnso.icann.org<mailto:council@gnso.icann.org> https://mm.icann.org/mailman/listinfo/council _______________________________________________ By submitting your personal data, you consent to the processing of your personal data for purposes of subscribing to this mailing list accordance with the ICANN Privacy Policy (https://www.icann.org/privacy/policy) and the website Terms of Service (https://www.icann.org/privacy/tos). You can visit the Mailman link above to change your membership status or configuration, including unsubscribing, setting digest-style delivery or disabling delivery altogether (e.g., for a vacation), and so on.

Thanks, Sebastien, for tying up this loose end. My main purpose in making the comment about the Human Rights Framework of Interpretation (HR-FOI) was to point out that it does provide the Framework pursuant to which the Human Rights Core Value contained in the ByLaws is to be interpreted. To my mind, this comment is particularly timely due to the prospect of an EPDP on Closed Generics. Advocates for both applicants and registrants have asserted Human Rights interests in relation to that particular topic. (As Marika noted, the templates can be modified if/when an EPDP commences.) As mentioned in our last Council meeting, I do not think we would want to defer action on the Human Rights analysis until the Final Report stage of a Closed Generic EPDP. That would only create delay. Thank you, Anne Anne Aikman-Scalese GNSO Councilor NomCom Non-Voting 2022-2024 anneicanngnso@gmail.com On Fri, Jun 30, 2023 at 7:46 AM Sebastien@registry.godaddy <Sebastien@registry.godaddy> wrote:

Dear Team and Council Colleagues,

I wanted to wrap up this discussion. As per Marika’s email below we gave until 23 June for last comments on this and I don’t believe we received any since our discussion during the Council meeting in DC.

We have heard Anne, Stephanie and others’ concern that Human Rights be nominally included in all our work and specifically while chartering new Working Groups. This is understood and relevant for the entire community, specifically at has been mentioned, since it is part of our shared By-Laws.

This said we have also heard the arguments that by the very fact that is it part of our By-Laws it is automatically included as a concern in all our work, and in this case should not need reiterating. Particularly, it seems to me, as it would put that concern above other By-Law requirements that we wouldn’t list.

In the interest of closure, I would like to go back to the CCOICI’s proposed template and agree that it is good for now. HR assessments remain a concern regardless of it being nominally included or not, and we can always review this work later should it appear that this or any other unreferenced By-Law concerns are overlooked.

Kindly,

*Sebastien Ducos*

GoDaddy Registry | Senior Client Services Manager

[image: signature_4195489786]

+33612284445

France & Australia

sebastien@registry.godaddy

*From: *council <council-bounces@gnso.icann.org> on behalf of Thomas Rickert | rickert.law via council <council@gnso.icann.org> *Date: *Wednesday, 7 June 2023 at 8:48 am *To: *Marika Konings <marika.konings@icann.org>, Stephanie E Perrin < stephanie.perrin@mail.utoronto.ca>, council@gnso.icann.org < council@gnso.icann.org> *Subject: *Re: [council] [Ext] Re: For your review - updated PDP Templates to facilitate consideration of impact on HR

Caution: This email is from an external sender. Please do not click links or open attachments unless you recognize the sender and know the content is safe. Forward suspicious emails to isitbad@.

Thanks, Marika.

Let‘s find a bit of time to discuss this while we are in DC.

Best,

Thomas

Sent from my mobile device. Please excuse typos and brevity. ------------------------------

*Von:* council <council-bounces@gnso.icann.org> im Auftrag von Marika Konings via council <council@gnso.icann.org> *Gesendet:* Wednesday, June 7, 2023 8:37:22 AM *An:* Stephanie E Perrin <stephanie.perrin@mail.utoronto.ca>; council@gnso.icann.org <council@gnso.icann.org> *Betreff:* Re: [council] [Ext] Re: For your review - updated PDP Templates to facilitate consideration of impact on HR

Dear All,

No problem providing everyone with a bit more time. How about Friday 23 June as a deadline to provide any further comments or suggestions? This should allow everyone to discuss this during ICANN77. As a reminder, these are templates that can be updated as deemed necessary by the Council to factor in specific aspects of the topic that is under consideration – it is not intended to be a one-size fits all.

Best regards,

Marika

*From: *council <council-bounces@gnso.icann.org> on behalf of Stephanie E Perrin via council <council@gnso.icann.org> *Reply to: *Stephanie E Perrin <stephanie.perrin@mail.utoronto.ca> *Date: *Wednesday, 7 June 2023 at 00:20 *To: *"council@gnso.icann.org" <council@gnso.icann.org> *Subject: *Re: [council] [Ext] Re: For your review - updated PDP Templates to facilitate consideration of impact on HR

I really support Anne's request for more time. This is an important issue, given the fundamental tension between free expression interests of the parties. HR impact assessments are a work in progress still, and are only as strong as the information (facts) and risk imaginations brought to them. Not sure that the FOI is going to assist in that process, so need to go study them both....and we are packing and dealing with umpteen pre-meetings this week. Please, more time.

Stephanie PErrin

On 2023-06-06 10:58 a.m., Anne ICANN via council wrote:

Thanks Thomas. I think you are saying the ByLaws always govern and that the FOI is a community consensus interpretation of the ByLaws provision re the Human Rights Core Value. Is that correct?

I will give an example as to the reason I believe it's important to clarify the significance of the Human Rights Framework of Interpretation to the HR Impact Analysis:

Council will soon debate the best tool for addressing the Closed Generics policy issue. Regardless of the tool that is chosen, it appears that Human Rights in relation to freedom of expression will be asserted by both those who advocate for unrestricted Closed Generics and those who advocate that no Closed Generics be permitted. The highly anticipated Facilitated Dialog work on a proposed framework for Closed Generics will presumably be subject to a Human Rights Impact Analysis. All indications based on comments in Council meetings are that Applicants for Closed Generics will assert that the GAC Advice abridges Applicant freedom of expression. End User advocates will assert that restricting registrations in generic TLDs to a closed set of registrants abridges end user freedom of expression.

Having participated on the Sub Team for Human Rights in Workstream 2, I can safely say that the balance to be struck here is exactly what the Human Rights Framework of Interpretation was meant to address. Accordingly, I think it would be unwise to finalize the templates for the Impact Analysis without acknowledging directly the fact that the HR Framework of Interpretation governs interpretation of the Human Rights Core Value in the policy process, including the process of HR Impact Analysis. I do agree with you that the ByLaws always govern but the FOI itself is not a ByLaw. It is a guide that is supposed to help establish principles for applying the ByLaw in the policymaking context.

I would appreciate getting an extension beyond the June 7 deadline specified by Marika so that this important subject of the templates could be discussed in light of the upcoming work on Closed Generics. (I know Marika will say we can approve the templates and address that issue later with respect to that policy work but I think it's important for Council to address this at the template stage.)

Thank you,

Anne

Anne Aikman-Scalese

GNSO Councilor

NomCom Non-Voting 2022-2024

anneicanngnso@gmail.com

On Mon, Jun 5, 2023 at 12:26 PM Thomas Rickert | rickert.law <thomas@rickert.law> <thomas@rickert.law> wrote:

Hi Anne, all,

sorry for chiming in late.

To be honest, I do not recall how the framework was intended to be used. I will offer my take on this, though, based on the documentation.

The FOI is a framework of interpretation for ICANN’s human rights bylaw. When ICANN produces documents, we do not always refer to the bylaws to state that documents or policies must be compliant with ICANN’s bylaws. It is taken for granted.

Shouldn’t the same be true for the FOI so that that document is always relevant as it is to be read in conjunction with the bylaws?

In practical terms, I think that we do not need to explicitly reference the FOI, whether it is a report or something else.

On the contrary, would we not create precedent by referencing it suggesting that when it is not applicable when not explicitly referenced?

Best,

Thomas

*Von: *council <council-bounces@gnso.icann.org> im Auftrag von Anne ICANN via council <council@gnso.icann.org> *Antworten an: *Anne ICANN <anneicanngnso@gmail.com> *Datum: *Dienstag, 16. Mai 2023 um 16:50 *An: *Marika Konings <marika.konings@icann.org> *Cc: *"council@gnso.icann.org" <council@gnso.icann.org> *Betreff: *Re: [council] [Ext] Re: For your review - updated PDP Templates to facilitate consideration of impact on HR

Thanks Marika. Not sure how the wiki page language was developed or why the FOI is referred to there as a "report". I do know that the ByLaws change was not effective until the Framework of Interpretation was formally adopted and so we labored long to reach agreement on the language of the FOI. Thomas Rickert may be in the best position to provide further comment on the history of this Workstream 2 work and the role of the FOI in assessing HR impact.

Anne Aikman-Scalese

GNSO Councilor

NomCom Non-Voting 2022-2024

anneicanngnso@gmail.com

On Tue, May 16, 2023 at 7:45 AM Marika Konings <marika.konings@icann.org> wrote:

Thanks, Anne, this is actually how it is referred to on the wiki page: “The ‘FOI’ is a brief report that offers consensus interpretation of bylaw language pertaining to human rights. This report was developed by a subcommittee within the CCWG-WS2”. It is definitely an important document in the context of the ICANN HR Bylaws, but not specific to assessing the impact of policy recommendations on HR as far as I understand which is what the additional language in the templates is focused on per the CCOICI recommendation.

Maybe others can weigh in on whether it is viewed as essential that a reference to the framework is included in the templates themselves or whether it is sufficient that it is included together with other relevant materials that are intended to assist community and staff?

Best regards,

Marika

*From: *Anne ICANN <anneicanngnso@gmail.com> *Date: *Tuesday, 16 May 2023 at 16:07 *To: *Marika Konings <marika.konings@icann.org> *Cc: *"council@gnso.icann.org" <council@gnso.icann.org> *Subject: *Re: [Ext] Re: [council] For your review - updated PDP Templates to facilitate consideration of impact on HR

Thanks Marika. Certainly all the materials are relevant but I don't believe the Framework of Interpretation is a "report". Having working on that Workstream 2 team, I am aware that the ByLaws change was specifically designed to only take effect after the HR Framework of Interpretation was adopted. Thus, the Framework of Interpretation is quite important and is not just a "report."

Given that the Framework was designed to effect implementation, it should be referred to specifically in the documents.

Thank you,

Anne

Anne Aikman-Scalese

GNSO Councilor

NomCom Non-Voting 2022-2024

anneicanngnso@gmail.com

On Tue, May 16, 2023 at 5:56 AM Marika Konings <marika.konings@icann.org> wrote:

Thanks, Anne. Our understanding is that the Framework of Interpretation is a report that offers consensus interpretation of the ICANN Bylaw language pertaining to human rights, it is not a tool that has been designed to facilitate assessing the potential impact of policy recommendations on human rights. The dedicated wiki page contains additional documents and information that may provide further guidance hence why we thought it would be a better approach to refer those interested to learn more there so that they have the range of documents and tools available to assist in this process.

Best regards,

Marika

*From: *Anne ICANN <anneicanngnso@gmail.com> *Date: *Tuesday, 16 May 2023 at 14:46 *To: *Marika Konings <marika.konings@icann.org> *Cc: *"council@gnso.icann.org" <council@gnso.icann.org> *Subject: *Re: [Ext] Re: [council] For your review - updated PDP Templates to facilitate consideration of impact on HR

Thanks Marika. Sometimes these links pepper the WG with too many different background documents. Here the HR-FOI is most relevant to the scope of the assessment of the impact so I still believe it's a good idea to include a reference to that in the text. If you think including the link makes it too long, then I would just add "... in accordance with the ICANN Human Rights Framework of Interpretation."

This language would make the scope of the work much more readily understandable. I hope this request is not too burdensome.

Thank you!

Anne

Anne Aikman-Scalese

GNSO Councilor

NomCom Non-Voting 2022-2024

anneicanngnso@gmail.com

On Tue, May 16, 2023 at 2:31 AM Marika Konings <marika.konings@icann.org> wrote:

Hi Anne – thanks for your suggestion. Please note that the Framework of Interpretation, as well as other documents that may aid community and staff, can be found on the wiki page that is already referenced in the request for an Issue Report Template as well as Preliminary Issue Report template (see https://community.icann.org/x/RAPCCw). We’ll make sure to include the same link in the Charter Template and the Initial Report template.

Best regards,

Marika

*From: *Anne ICANN <anneicanngnso@gmail.com> *Date: *Monday, 15 May 2023 at 19:17 *To: *Marika Konings <marika.konings@icann.org> *Cc: *"council@gnso.icann.org" <council@gnso.icann.org> *Subject: *[Ext] Re: [council] For your review - updated PDP Templates to facilitate consideration of impact on HR

Thanks Marika and many thanks to Ephraim! These forms look good. My only comment is that in each section in each of the forms asking whether there will be an impact on Human Rights, there should be a link inserted to the Framework of Interpretation for Human Rights(HR-FOI) that was adopted by the Board. The Framework should be very helpful in the preparation of the Issue Report and also to the WG as it conducts the HR impact analysis on a recommendation by recommendation basis as specified in the Charter template. (I understand that each Recommendation of the WG must be accompanied by an HR impact analysis. If that is not the case, please advise by reply all.)

The link to the FOI is here:

https://www.icann.org/en/system/files/files/ccwg-acct-ws2-annex-3-hr-foi-fin...

So, for example, in the Working Group Charter template, we should insert the language shown below in blue:

Thank you!

Anne

Impact on Human Rights The WG is expected to consider the potential impact of any recommendations on human rights as set forth in the ICANN Human Rights Framework of Interpretation (HR-FOI) linked here: https://www.icann.org/en/system/files/files/ccwg-acct-ws2-annex-3-hr-foi-fin.... Based

on the information included in the request for an Issue Report and the Issue Report, the WG is expected to further consider whether there is a likely human rights impact, and if so, who are the groups expected to be impacted and the expected severity of the impact (high / medium / low). If an impact is anticipated, the WG is expected to address the following questions: 1) is the proposed action necessary to achieve the desired outcome, 2) is the proposed action proportionate, 3) is the proposed

action legitimate.

Anne Aikman-Scalese

GNSO Councilor

NomCom Non-Voting 2022-2024

anneicanngnso@gmail.com

On Mon, May 15, 2023 at 9:18 AM Marika Konings via council < council@gnso.icann.org> wrote:

Dear All,

Following the Council’s adoption of the CCOICI’s WS2 Recommendations Report, the staff support team has worked on:

*“In relation to 3 (Framework of Interpretation for Human Rights), the GNSO Council directs GNSO Staff Support to work on a proposed implementation of the recommendations, consulting relevant community experts as needed. This proposed implementation is to be reviewed and approved by the GNSO Council before implementation”;*

As a result, you will find attached updated versions of:

- The request for an Issue Report template; - The Preliminary Issue Report template (proposed updates on page 6-7); - The PDP WG Charter Template (proposed updates on page 2-3), and; - The PDP WG Initial Report template (proposed updates on page 7).

Each of these documents have been updated with a set of check-list questions that, as recommended by the CCOIC would provide a lightweight mechanism to assess whether an impact to human rights is likely or expected as a result of the consideration of a specific topic and/or the related recommendations. Flagging potential impact on human rights at an early stage in the process will assist in focusing attention on this topic throughout the deliberations as well as allowing for a more detailed human rights impact assessment, if an impact is expected or established.

As you may note, a link is provided to a resource page that is managed by ICANN org where additional materials are available that may aid both staff as well as community in its consideration of the potential impact on human rights (see https://community.icann.org/x/RAPCCw). As further materials are developed, for example, work is underway on an ICANN Learn training on inclusion which is expected to present examples of protected groups, these will get added.

It is also important to keep in mind that these documents are templates – it does not prevent further elaboration and/or guidance if deemed necessary either by Council or community working groups.

A special thanks to Ephraim Percy Kenyanito for the original input he provided to the CCOICI as well as his review of and feedback on these templates.

Please provide any comments or suggestions you may have *by 7 June at the latest*. If additional time is needed, please do not hesitate to let us know as well.

Best regards,

Ariel, Julie and Marika

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Sebastien - yes, this makes perfect sense to me! (Sorry for the delay in responding.) Anne Anne Aikman-Scalese GNSO Councilor NomCom Non-Voting 2022-2024 anneicanngnso@gmail.com On Tue, Jul 4, 2023 at 2:11 AM Sebastien@registry.godaddy <Sebastien@registry.godaddy> wrote:

Hi Anne,

I think we are in full agreement: the HR-FOI should definitely be referenced in the Closed Generics EPDP Charter to come. It is relevant to the work and in fact core to the very Public Interest the proposed framework is aiming to protect. Running the template checklist I anticipate we will find ourselves in a scenario where and HR assessment will be required.

This said my comment was targeted at the templates in general, which include references to the possibility of an HR assessment to ensure they are not overlooked, but do not need specific references to the HR-FOI as it doesn’t specifically all other items of the by-laws.

I hope this makes sense.

Kindly,

*Sebastien Ducos*

GoDaddy Registry | Senior Client Services Manager

[image: signature_3863597109]

+33612284445

France & Australia

sebastien@registry.godaddy

*From: *Anne ICANN <anneicanngnso@gmail.com> *Date: *Monday, 3 July 2023 at 5:20 pm *To: *Sebastien Ducos <Sebastien@registry.godaddy> *Cc: *Stephanie E Perrin <stephanie.perrin@mail.utoronto.ca>, Thomas Rickert | rickert.law <thomas@rickert.law>, Marika Konings < marika.konings@icann.org>, council@gnso.icann.org <council@gnso.icann.org>, GNSO-Chairs <gnso-chairs@icann.org>, gnso-secs@icann.org < gnso-secs@icann.org> *Subject: *Re: [council] [Ext] Re: For your review - updated PDP Templates to facilitate consideration of impact on HR

Caution: This email is from an external sender. Please do not click links or open attachments unless you recognize the sender and know the content is safe. Forward suspicious emails to isitbad@.

Thanks, Sebastien, for tying up this loose end. My main purpose in making the comment about the Human Rights Framework of Interpretation (HR-FOI) was to point out that it does provide the Framework pursuant to which the Human Rights Core Value contained in the ByLaws is to be interpreted. To my mind, this comment is particularly timely due to the prospect of an EPDP on Closed Generics. Advocates for both applicants and registrants have asserted Human Rights interests in relation to that particular topic. (As Marika noted, the templates can be modified if/when an EPDP commences.)

As mentioned in our last Council meeting, I do not think we would want to defer action on the Human Rights analysis until the Final Report stage of a Closed Generic EPDP. That would only create delay.

Thank you,

Anne

Anne Aikman-Scalese

GNSO Councilor

NomCom Non-Voting 2022-2024

anneicanngnso@gmail.com

On Fri, Jun 30, 2023 at 7:46 AM Sebastien@registry.godaddy <Sebastien@registry.godaddy> wrote:

Dear Team and Council Colleagues,

I wanted to wrap up this discussion. As per Marika’s email below we gave until 23 June for last comments on this and I don’t believe we received any since our discussion during the Council meeting in DC.

We have heard Anne, Stephanie and others’ concern that Human Rights be nominally included in all our work and specifically while chartering new Working Groups. This is understood and relevant for the entire community, specifically at has been mentioned, since it is part of our shared By-Laws.

This said we have also heard the arguments that by the very fact that is it part of our By-Laws it is automatically included as a concern in all our work, and in this case should not need reiterating. Particularly, it seems to me, as it would put that concern above other By-Law requirements that we wouldn’t list.

In the interest of closure, I would like to go back to the CCOICI’s proposed template and agree that it is good for now. HR assessments remain a concern regardless of it being nominally included or not, and we can always review this work later should it appear that this or any other unreferenced By-Law concerns are overlooked.

Kindly,

*Sebastien Ducos*

GoDaddy Registry | Senior Client Services Manager

[image: signature_4195489786]

+33612284445

France & Australia

sebastien@registry.godaddy

*From: *council <council-bounces@gnso.icann.org> on behalf of Thomas Rickert | rickert.law via council <council@gnso.icann.org> *Date: *Wednesday, 7 June 2023 at 8:48 am *To: *Marika Konings <marika.konings@icann.org>, Stephanie E Perrin < stephanie.perrin@mail.utoronto.ca>, council@gnso.icann.org < council@gnso.icann.org> *Subject: *Re: [council] [Ext] Re: For your review - updated PDP Templates to facilitate consideration of impact on HR

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Thanks, Marika.

Let‘s find a bit of time to discuss this while we are in DC.

Best,

Thomas

Sent from my mobile device. Please excuse typos and brevity. ------------------------------

*Von:* council <council-bounces@gnso.icann.org> im Auftrag von Marika Konings via council <council@gnso.icann.org> *Gesendet:* Wednesday, June 7, 2023 8:37:22 AM *An:* Stephanie E Perrin <stephanie.perrin@mail.utoronto.ca>; council@gnso.icann.org <council@gnso.icann.org> *Betreff:* Re: [council] [Ext] Re: For your review - updated PDP Templates to facilitate consideration of impact on HR

Dear All,

No problem providing everyone with a bit more time. How about Friday 23 June as a deadline to provide any further comments or suggestions? This should allow everyone to discuss this during ICANN77. As a reminder, these are templates that can be updated as deemed necessary by the Council to factor in specific aspects of the topic that is under consideration – it is not intended to be a one-size fits all.

Best regards,

Marika

*From: *council <council-bounces@gnso.icann.org> on behalf of Stephanie E Perrin via council <council@gnso.icann.org> *Reply to: *Stephanie E Perrin <stephanie.perrin@mail.utoronto.ca> *Date: *Wednesday, 7 June 2023 at 00:20 *To: *"council@gnso.icann.org" <council@gnso.icann.org> *Subject: *Re: [council] [Ext] Re: For your review - updated PDP Templates to facilitate consideration of impact on HR

I really support Anne's request for more time. This is an important issue, given the fundamental tension between free expression interests of the parties. HR impact assessments are a work in progress still, and are only as strong as the information (facts) and risk imaginations brought to them. Not sure that the FOI is going to assist in that process, so need to go study them both....and we are packing and dealing with umpteen pre-meetings this week. Please, more time.

Stephanie PErrin

On 2023-06-06 10:58 a.m., Anne ICANN via council wrote:

Thanks Thomas. I think you are saying the ByLaws always govern and that the FOI is a community consensus interpretation of the ByLaws provision re the Human Rights Core Value. Is that correct?

I will give an example as to the reason I believe it's important to clarify the significance of the Human Rights Framework of Interpretation to the HR Impact Analysis:

Council will soon debate the best tool for addressing the Closed Generics policy issue. Regardless of the tool that is chosen, it appears that Human Rights in relation to freedom of expression will be asserted by both those who advocate for unrestricted Closed Generics and those who advocate that no Closed Generics be permitted. The highly anticipated Facilitated Dialog work on a proposed framework for Closed Generics will presumably be subject to a Human Rights Impact Analysis. All indications based on comments in Council meetings are that Applicants for Closed Generics will assert that the GAC Advice abridges Applicant freedom of expression. End User advocates will assert that restricting registrations in generic TLDs to a closed set of registrants abridges end user freedom of expression.

Having participated on the Sub Team for Human Rights in Workstream 2, I can safely say that the balance to be struck here is exactly what the Human Rights Framework of Interpretation was meant to address. Accordingly, I think it would be unwise to finalize the templates for the Impact Analysis without acknowledging directly the fact that the HR Framework of Interpretation governs interpretation of the Human Rights Core Value in the policy process, including the process of HR Impact Analysis. I do agree with you that the ByLaws always govern but the FOI itself is not a ByLaw. It is a guide that is supposed to help establish principles for applying the ByLaw in the policymaking context.

I would appreciate getting an extension beyond the June 7 deadline specified by Marika so that this important subject of the templates could be discussed in light of the upcoming work on Closed Generics. (I know Marika will say we can approve the templates and address that issue later with respect to that policy work but I think it's important for Council to address this at the template stage.)

Thank you,

Anne

Anne Aikman-Scalese

GNSO Councilor

NomCom Non-Voting 2022-2024

anneicanngnso@gmail.com

On Mon, Jun 5, 2023 at 12:26 PM Thomas Rickert | rickert.law <thomas@rickert.law> <thomas@rickert.law> wrote:

Hi Anne, all,

sorry for chiming in late.

To be honest, I do not recall how the framework was intended to be used. I will offer my take on this, though, based on the documentation.

The FOI is a framework of interpretation for ICANN’s human rights bylaw. When ICANN produces documents, we do not always refer to the bylaws to state that documents or policies must be compliant with ICANN’s bylaws. It is taken for granted.

Shouldn’t the same be true for the FOI so that that document is always relevant as it is to be read in conjunction with the bylaws?

In practical terms, I think that we do not need to explicitly reference the FOI, whether it is a report or something else.

On the contrary, would we not create precedent by referencing it suggesting that when it is not applicable when not explicitly referenced?

Best,

Thomas

*Von: *council <council-bounces@gnso.icann.org> im Auftrag von Anne ICANN via council <council@gnso.icann.org> *Antworten an: *Anne ICANN <anneicanngnso@gmail.com> *Datum: *Dienstag, 16. Mai 2023 um 16:50 *An: *Marika Konings <marika.konings@icann.org> *Cc: *"council@gnso.icann.org" <council@gnso.icann.org> *Betreff: *Re: [council] [Ext] Re: For your review - updated PDP Templates to facilitate consideration of impact on HR

Thanks Marika. Not sure how the wiki page language was developed or why the FOI is referred to there as a "report". I do know that the ByLaws change was not effective until the Framework of Interpretation was formally adopted and so we labored long to reach agreement on the language of the FOI. Thomas Rickert may be in the best position to provide further comment on the history of this Workstream 2 work and the role of the FOI in assessing HR impact.

Anne Aikman-Scalese

GNSO Councilor

NomCom Non-Voting 2022-2024

anneicanngnso@gmail.com

On Tue, May 16, 2023 at 7:45 AM Marika Konings <marika.konings@icann.org> wrote:

Thanks, Anne, this is actually how it is referred to on the wiki page: “The ‘FOI’ is a brief report that offers consensus interpretation of bylaw language pertaining to human rights. This report was developed by a subcommittee within the CCWG-WS2”. It is definitely an important document in the context of the ICANN HR Bylaws, but not specific to assessing the impact of policy recommendations on HR as far as I understand which is what the additional language in the templates is focused on per the CCOICI recommendation.

Maybe others can weigh in on whether it is viewed as essential that a reference to the framework is included in the templates themselves or whether it is sufficient that it is included together with other relevant materials that are intended to assist community and staff?

Best regards,

Marika

*From: *Anne ICANN <anneicanngnso@gmail.com> *Date: *Tuesday, 16 May 2023 at 16:07 *To: *Marika Konings <marika.konings@icann.org> *Cc: *"council@gnso.icann.org" <council@gnso.icann.org> *Subject: *Re: [Ext] Re: [council] For your review - updated PDP Templates to facilitate consideration of impact on HR

Thanks Marika. Certainly all the materials are relevant but I don't believe the Framework of Interpretation is a "report". Having working on that Workstream 2 team, I am aware that the ByLaws change was specifically designed to only take effect after the HR Framework of Interpretation was adopted. Thus, the Framework of Interpretation is quite important and is not just a "report."

Given that the Framework was designed to effect implementation, it should be referred to specifically in the documents.

Thank you,

Anne

Anne Aikman-Scalese

GNSO Councilor

NomCom Non-Voting 2022-2024

anneicanngnso@gmail.com

On Tue, May 16, 2023 at 5:56 AM Marika Konings <marika.konings@icann.org> wrote:

Thanks, Anne. Our understanding is that the Framework of Interpretation is a report that offers consensus interpretation of the ICANN Bylaw language pertaining to human rights, it is not a tool that has been designed to facilitate assessing the potential impact of policy recommendations on human rights. The dedicated wiki page contains additional documents and information that may provide further guidance hence why we thought it would be a better approach to refer those interested to learn more there so that they have the range of documents and tools available to assist in this process.

Best regards,

Marika

*From: *Anne ICANN <anneicanngnso@gmail.com> *Date: *Tuesday, 16 May 2023 at 14:46 *To: *Marika Konings <marika.konings@icann.org> *Cc: *"council@gnso.icann.org" <council@gnso.icann.org> *Subject: *Re: [Ext] Re: [council] For your review - updated PDP Templates to facilitate consideration of impact on HR

Thanks Marika. Sometimes these links pepper the WG with too many different background documents. Here the HR-FOI is most relevant to the scope of the assessment of the impact so I still believe it's a good idea to include a reference to that in the text. If you think including the link makes it too long, then I would just add "... in accordance with the ICANN Human Rights Framework of Interpretation."

This language would make the scope of the work much more readily understandable. I hope this request is not too burdensome.

Thank you!

Anne

Anne Aikman-Scalese

GNSO Councilor

NomCom Non-Voting 2022-2024

anneicanngnso@gmail.com

On Tue, May 16, 2023 at 2:31 AM Marika Konings <marika.konings@icann.org> wrote:

Hi Anne – thanks for your suggestion. Please note that the Framework of Interpretation, as well as other documents that may aid community and staff, can be found on the wiki page that is already referenced in the request for an Issue Report Template as well as Preliminary Issue Report template (see https://community.icann.org/x/RAPCCw). We’ll make sure to include the same link in the Charter Template and the Initial Report template.

Best regards,

Marika

*From: *Anne ICANN <anneicanngnso@gmail.com> *Date: *Monday, 15 May 2023 at 19:17 *To: *Marika Konings <marika.konings@icann.org> *Cc: *"council@gnso.icann.org" <council@gnso.icann.org> *Subject: *[Ext] Re: [council] For your review - updated PDP Templates to facilitate consideration of impact on HR

Thanks Marika and many thanks to Ephraim! These forms look good. My only comment is that in each section in each of the forms asking whether there will be an impact on Human Rights, there should be a link inserted to the Framework of Interpretation for Human Rights(HR-FOI) that was adopted by the Board. The Framework should be very helpful in the preparation of the Issue Report and also to the WG as it conducts the HR impact analysis on a recommendation by recommendation basis as specified in the Charter template. (I understand that each Recommendation of the WG must be accompanied by an HR impact analysis. If that is not the case, please advise by reply all.)

The link to the FOI is here:

https://www.icann.org/en/system/files/files/ccwg-acct-ws2-annex-3-hr-foi-fin...

So, for example, in the Working Group Charter template, we should insert the language shown below in blue:

Thank you!

Anne

Impact on Human Rights The WG is expected to consider the potential impact of any recommendations on human rights as set forth in the ICANN Human Rights Framework of Interpretation (HR-FOI) linked here: https://www.icann.org/en/system/files/files/ccwg-acct-ws2-annex-3-hr-foi-fin.... Based

on the information included in the request for an Issue Report and the Issue Report, the WG is expected to further consider whether there is a likely human rights impact, and if so, who are the groups expected to be impacted and the expected severity of the impact (high / medium / low). If an impact is anticipated, the WG is expected to address the following questions: 1) is the proposed action necessary to achieve the desired outcome, 2) is the proposed action proportionate, 3) is the proposed

action legitimate.

Anne Aikman-Scalese

GNSO Councilor

NomCom Non-Voting 2022-2024

anneicanngnso@gmail.com

On Mon, May 15, 2023 at 9:18 AM Marika Konings via council < council@gnso.icann.org> wrote:

Dear All,

Following the Council’s adoption of the CCOICI’s WS2 Recommendations Report, the staff support team has worked on:

*“In relation to 3 (Framework of Interpretation for Human Rights), the GNSO Council directs GNSO Staff Support to work on a proposed implementation of the recommendations, consulting relevant community experts as needed. This proposed implementation is to be reviewed and approved by the GNSO Council before implementation”;*

As a result, you will find attached updated versions of:

- The request for an Issue Report template; - The Preliminary Issue Report template (proposed updates on page 6-7); - The PDP WG Charter Template (proposed updates on page 2-3), and; - The PDP WG Initial Report template (proposed updates on page 7).

Each of these documents have been updated with a set of check-list questions that, as recommended by the CCOIC would provide a lightweight mechanism to assess whether an impact to human rights is likely or expected as a result of the consideration of a specific topic and/or the related recommendations. Flagging potential impact on human rights at an early stage in the process will assist in focusing attention on this topic throughout the deliberations as well as allowing for a more detailed human rights impact assessment, if an impact is expected or established.

As you may note, a link is provided to a resource page that is managed by ICANN org where additional materials are available that may aid both staff as well as community in its consideration of the potential impact on human rights (see https://community.icann.org/x/RAPCCw). As further materials are developed, for example, work is underway on an ICANN Learn training on inclusion which is expected to present examples of protected groups, these will get added.

It is also important to keep in mind that these documents are templates – it does not prevent further elaboration and/or guidance if deemed necessary either by Council or community working groups.

A special thanks to Ephraim Percy Kenyanito for the original input he provided to the CCOICI as well as his review of and feedback on these templates.

Please provide any comments or suggestions you may have *by 7 June at the latest*. If additional time is needed, please do not hesitate to let us know as well.

Best regards,

Ariel, Julie and Marika

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Thanks, Tomslin. As the Issue Report Request form goes to the GNSO Council for its consideration, the Council could decide to further consider this question at that point to see if it is possible to make a determination or gather further information. Alternatively, it could also decide to await the publication of the Issue Report, which is also expected to make this assessment, to determine what further steps, if any, may need to be taken, either in the form of information gathering or as part of the chartering of a working group that is expected to further consider the impact on HR of any recommendations that may come out of the process. In short, there is not one anticipated action, but something the Council will need to consider on a case by case basis. Best regards, Marika From: Tomslin Samme-Nlar <mesumbeslin@gmail.com> Date: Monday, 15 May 2023 at 21:00 To: Marika Konings <marika.konings@icann.org> Cc: "council@gnso.icann.org" <council@gnso.icann.org> Subject: [Ext] Re: [council] For your review - updated PDP Templates to facilitate consideration of impact on HR Hi Marika, Thank you, this is great work by the CCOICI team. I only have a little question on the text put in the Issue Report Request form. Question 8 says: 8) Please indicate if consideration of the Issue is expected to have an impact on human rights 1 (Enter ‘yes’, ‘no’, ‘not sure’, as applicable) What is the anticipated action in a case where 'not sure' is the answer to the question? Warmly, Tomslin @LinkedIn: https://www.linkedin.com/in/tomslin/ [linkedin.com]<https://urldefense.com/v3/__https:/www.linkedin.com/in/tomslin/__;!!PtGJab4!9AY5TIwpn3U6ebmDKJmth911uqFHrnOx_7y7gO65FaGpohuQdkYOj2llNdecIoD5YhqTLiw5V9xkK8Uq4IuEFv-pMG_HYso$> On Tue, 16 May 2023 at 02:18, Marika Konings via council <council@gnso.icann.org<mailto:council@gnso.icann.org>> wrote: Dear All, Following the Council’s adoption of the CCOICI’s WS2 Recommendations Report, the staff support team has worked on: “In relation to 3 (Framework of Interpretation for Human Rights), the GNSO Council directs GNSO Staff Support to work on a proposed implementation of the recommendations, consulting relevant community experts as needed. This proposed implementation is to be reviewed and approved by the GNSO Council before implementation”; As a result, you will find attached updated versions of: * The request for an Issue Report template; * The Preliminary Issue Report template (proposed updates on page 6-7); * The PDP WG Charter Template (proposed updates on page 2-3), and; * The PDP WG Initial Report template (proposed updates on page 7). Each of these documents have been updated with a set of check-list questions that, as recommended by the CCOIC would provide a lightweight mechanism to assess whether an impact to human rights is likely or expected as a result of the consideration of a specific topic and/or the related recommendations. Flagging potential impact on human rights at an early stage in the process will assist in focusing attention on this topic throughout the deliberations as well as allowing for a more detailed human rights impact assessment, if an impact is expected or established. As you may note, a link is provided to a resource page that is managed by ICANN org where additional materials are available that may aid both staff as well as community in its consideration of the potential impact on human rights (see https://community.icann.org/x/RAPCCw). As further materials are developed, for example, work is underway on an ICANN Learn training on inclusion which is expected to present examples of protected groups, these will get added. It is also important to keep in mind that these documents are templates – it does not prevent further elaboration and/or guidance if deemed necessary either by Council or community working groups. A special thanks to Ephraim Percy Kenyanito for the original input he provided to the CCOICI as well as his review of and feedback on these templates. Please provide any comments or suggestions you may have by 7 June at the latest. If additional time is needed, please do not hesitate to let us know as well. Best regards, Ariel, Julie and Marika _______________________________________________ council mailing list council@gnso.icann.org<mailto:council@gnso.icann.org> https://mm.icann.org/mailman/listinfo/council _______________________________________________ By submitting your personal data, you consent to the processing of your personal data for purposes of subscribing to this mailing list accordance with the ICANN Privacy Policy (https://www.icann.org/privacy/policy) and the website Terms of Service (https://www.icann.org/privacy/tos). You can visit the Mailman link above to change your membership status or configuration, including unsubscribing, setting digest-style delivery or disabling delivery altogether (e.g., for a vacation), and so on.