RE: [council] For Discussion: GNSO Letter to Akram Atallah re: ICANN Harassment Policy
![](https://secure.gravatar.com/avatar/02a486ba770a1961cfc9871294ab7a66.jpg?s=120&d=mm&r=g)
Council Members, I do appreciate and acknowledge that the GNSO council is not by any means an expert in the creation of a Harassment Policy nor is this considered part of our role. However, we, as council members, do represent and speak on behalf of our SG members that have been subjected to harassment. With that being said, I believe the current ‘Cover Letter’ should be sent to Akram with the removal of the Key Points attachment and any references to it. Thank you, Jennifer On 4/19/16, 19:46 , "owner-council@gnso.icann.org on behalf of Heather<mailto:owner-council@gnso.icann.orgonbehalfofHeatherForrest> Forrest"<mailto:owner-council@gnso.icann.orgonbehalfofHeatherForrest> <owner-council@gnso.icann.org on behalf of<mailto:owner-council@gnso.icann.orgonbehalfofHeather.Forrest@acu.edu.au> Heather.Forrest@acu.edu.au><mailto:owner-council@gnso.icann.orgonbehalfofHeather.Forrest@acu.edu.au> wrote: I am grateful for the work to date of the small team and do not in any way wish to downplay their efforts, but I too agree with Paul - very well put. Best wishes, Heather ________________________________________ From: owner-council@gnso.icann.org<mailto:owner-council@gnso.icann.org> <owner-council@gnso.icann.org><mailto:owner-council@gnso.icann.org> on behalf of Phil Corwin <psc@vlaw-dc.com><mailto:psc@vlaw-dc.com> Sent: Wednesday, April 20, 2016 9:46 To: Carlos Raúl Gutiérrez G.; policy@paulmcgrady.com<mailto:policy@paulmcgrady.com> Cc: Stephanie Perrin; council@gnso.icann.org<mailto:council@gnso.icann.org> Subject: RE: [council] For Discussion: GNSO Letter to Akram Atallah re: ICANN Harassment Policy There has been some discussion of harassment policy within the BC, and the prevailing view is that a draft policy is best developed by legal experts in this sensitive area and then put out for public comment prior to finalization and adoption. Philip S. Corwin, Founding Principal Virtualaw LLC 1155 F Street, NW Suite 1050 Washington, DC 20004 202-559-8597/Direct 202-559-8750/Fax 202-255-6172/Cell Twitter: @VlawDC "Luck is the residue of design" -- Branch Rickey -----Original Message----- From: owner-council@gnso.icann.org<mailto:owner-council@gnso.icann.org> [mailto:owner-council@gnso.icann.org] On Behalf Of Carlos Raúl Gutiérrez G. Sent: Tuesday, April 19, 2016 6:45 PM To: policy@paulmcgrady.com<mailto:policy@paulmcgrady.com> Cc: Stephanie Perrin; council@gnso.icann.org<mailto:council@gnso.icann.org> Subject: Re: [council] For Discussion: GNSO Letter to Akram Atallah re: ICANN Harassment Policy I want to restate my +1 to Paul´s comments very specifically on the way he has phrased some issues questions I guess I have my doubts in general about this being the role of the GNSO Council. me too Clearly, this is an important issue which affects all members of the ICANN community, and not just members of the GNSO. exactly Wouldn't a simple letter (1) making note of the event, (2) making note of the lack of a clear policy, and (3) asking the Board to launch a CCWG to address this issue (if the Board believes that it and Staff together cannot or should not for some reason), be sufficient? I just don't see how the Council should be in the business of making specific policy recommendations without a policy process. see under ³picket fence² The Council is not a legislative body - our role is to play traffic cop to grass roots movements, right? thats the way I see it and why I added my +1 Thanks, and sorry if I am missing something here! I miss clear guidelines from the Corporation on engagement rules for participants in f2f meetings (like the ones we have in adobe connect rooms). Carlos Raul Gutierrez Best, Paul -------- Original Message -------- Subject: Fwd: Re: [council] RE: For Discussion: GNSO Letter to Akram Atallah re: ICANN Harassment Policy From: Stephanie Perrin <[stephanie.perrin@mail.utoronto.ca](mailto:stephanie.perrin@mail.uto<mailto:[stephanie.perrin@mail.utoronto.ca](mailto:stephanie.perrin@mail.utoronto.ca)> ronto.ca)><mailto:[stephanie.perrin@mail.utoronto.ca](mailto:stephanie.perrin@mail.utoronto.ca)> Date: Wed, April 06, 2016 1:31 pm To: "[council@gnso.icann.org](mailto:council@gnso.icann.org)"<mailto:[council@gnso.icann.org](mailto:council@gnso.icann.org)><[council@gnso.icann.org](mailto:council@gnso.icann.org)><mailto:[council@gnso.icann.org](mailto:council@gnso.icann.org)> and one more time.... SP -------- Forwarded Message -------- Subject: Re: [council] RE: For Discussion: GNSO Letter to Akram Atallah re: ICANN Harassment Policy Date: Wed, 6 Apr 2016 16:28:01 -0400 From: Stephanie Perrin [<stephanie.perrin@mail.utoronto.ca><mailto:stephanie.perrin@mail.utoronto.ca>](mailto:stephanie.perrin@mail.uto ronto.ca) To: Jennifer Gore Standiford [<JStandiford@web.com><mailto:JStandiford@web.com>](mailto:JStandiford@web.com), James M. Bladel [<jbladel@godaddy.com><mailto:jbladel@godaddy.com>](mailto:jbladel@godaddy.com), Austin, Donna [<Donna.Austin@neustar.biz><mailto:Donna.Austin@neustar.biz>](mailto:Donna.Austin@neustar.biz), Phil Corwin [<psc@vlaw-dc.com><mailto:psc@vlaw-dc.com>](mailto:psc@vlaw-dc.com), GNSO Council List [<council@gnso.icann.org><mailto:council@gnso.icann.org>](mailto:council@gnso.icann.org) I am sorry to be late with my feedback. This is a great effort so far, but I must say I find it a wee bit over the top. Let me explain why: * The list of offensive (inappropriate of unwanted) conduct is exhaustive but not necessarily helpful. "at a minimum" needs to go, as Phil has pointed out. The problem in harassment policies in my view arises in the matter of how to determine "offensive" now "inappropriate", particularly across cultures. It would be more helpful to expand on this, explaining the cross-cultural nature of ICANN and give guidance on how to conduct oneself _tentatively_.....eg. if you are Dutch and in the habit of greeting people with three kisses, ask first. I don't think we want to shut down normal gestures of familiarity and affection, but maybe we do....it is worth a discussion. The other part that needs to go unless you want us all to be tied into legal quandries is this: "or any other category protected by any applicable governing law". What are the laws of Finland on public deportment, discrimination, etc. ? Where do we go next, how do I check the laws there? I don't find this helpful. If you are going to include language like this, we will have to have the already burdened Constituency Travel send out advisories: eg. When in Turkey, do not make jokes about Ataturk as it is forbidden by law, etc. etc. * There needs to be a section discussing the rights of the accused, and their rights to confidentiality. It is my view that we need a privacy policy more than a harassment policy, because I feel that inappropriate conduct is in fact already covered by our acceptable conduct policy, but here we are anyway. The accused has a right to have investigations conducted properly, and in confidence in my view, so how that is going to take place, who does them, when the accuser is permitted to go public,etc. needs quite a bit of work. * "By participating in an ICANN conference, you agree to prohibit harassment....." I actually think we should not demand that anyone who agrees to participate in an ICANN conference should have to agree to take on the role of enforcer of a harassment policy. Further on this: * "You shall report any actions that you believe may violate our policy no matter how slight the actions might seem". This is not necessary. Anyone who experiences harassment ought to be capable of determining themselves whether there was abuse, let us not invite people to interfere with other people's jokes unless those jokes are offending them, the listener. In other words, I take no offence at Michele N calling me a crazy tree-hugger, and I really don't want to be dragged into Chris Lahatte's office to discuss it just because someone overheard it and felt I ought to be offended. Now if they are offended, (eg. they are a tree-hugger and are offended at the suggestion that I ought to be considered in that group) they can make their own complaint and leave me out of it. In a policy such as this, one has to be quite careful about how wide one opens the door. However, thanks to all who worked on this, it is very difficult to craft a good harassment policy and enforcement mechanism, and my hat is off to you on efforts so far. I would also like to apologize to anyone whom I have either touched or kissed hello over the three years I have been attending ICANN. I meant no harm, I spent too much time in Montreal (where we kiss everybody only twice) and I will strive to be more guarded in future. I spent a year working in our central agency in the Canadian Government, working on the ethics code and a limited time also on evaluating workplace wellness (including harassment) policies and implementation in the departments. I like the Canadian approach, and offer you the link here: [](http://www.tbs-sct.gc.ca/psm-fpfm/healthy-sain/prh/index-eng.asp)[ http://www.tbs-sct.gc.ca/psm-fpfm/healthy-sain/prh/index-eng.asp](http:/<http://> /www.tbs-sct.gc.ca/psm-fpfm/healthy-sain/prh/index-eng.asp). In particular, the tools that help evaluate whether an act constitutes harassment I think are useful: [](http://www.tbs-sct.gc.ca/psm-fpfm/healthy-sain/prh/mibh-sjh-eng.as p)[http://www.tbs-sct.gc.ca/psm-fpfm/healthy-sain/prh/mibh-sjh-eng.asp]( http://www.tbs-sct.gc.ca/psm-fpfm/healthy-sain/prh/mibh-sjh-eng.asp). They put an emphasis on the activity needing to be repeated, or one action to be extreme...this may be more applicable in a workplace environment but I think the tests are nevertheless relevant. Cheers Stephanie Perrin On 2016-04-06 15:00, Jennifer Gore Standiford wrote: James and Colleagues, Thanks to Donna and Phil for their constructive feedback. With that, please review and provide any additional feedback based on the revised draft ŒICANN Conference Harassment Key Points for Consideration¹. The attached addresses the following feedback received thus far, in particular: Are Dr Crocker and the other Board members covered under the ICANN staff policy on Sexual Harassment or would they be covered under a community ICANN attendee policy? Included the following sentence: ŒThe term ³ICANN Conference Attendees² includes event registered and non-registered participants, sponsors, contractors, consultants, staff and board members.¹ This very extensive list of potential offenses being non-exclusive (indicated by the words ³At a minimum² that start the document) Removed term ³ At a minimum² The use of the modifier ³Offensive² at the start of sections 1-4, in that this subjective standard inevitably raises the question ³offensive to whom²? In this regard, I think there must be some element of intent to harass or demean in the behavior subject to sanction, and that any policy should recognize that the cultural diversity of ICANN meeting attendees may lead to situations where remarks that are not intended to offend may nonetheless do so. Replaced the word Œ offensive¹ with Œunwanted¹ or Œinappropriate¹ A need to strictly define, and limit, the ³prompt, appropriate remedial action² that ICANN staff may take if they determine that harassment has occurred (as well as whether ICANN staff are the appropriate parties to undertake such investigations, and whether the investigatory and judgmental/sanctioning roles should be separate). Change verbiage to state ŒICANN staff is required toŠ¹ instead of Œmay¹ Contradictory language regarding whether an individual who believes that he/she has witnessed harassment should report it, or must report it. Change the verbiage to sake of consistency. Opted for Œshould/shall¹ vs. Œrequired/will¹ The outstanding questions that James has outline should remain included in the GNSO letter to ensure each item is addressed. Thanks Jennifer **From:** James M. Bladel [[mailto:jbladel@godaddy.com](mailto:jbladel@godaddy.com)] **Sent:** Wednesday, April 06, 2016 1:57 PM **To:** Jennifer Gore Standiford; Austin, Donna; Phil Corwin; GNSO Council List **Subject:** Re: For Discussion: GNSO Letter to Akram Atallah re: ICANN Harassment Policy Thanks Jennifer, Phil and Donna for weighing in. Perhaps the concern is that we¹ve called this document a ³draft² but it too closely resembles a finished policy. I believe (and I think Jennifer¹s note confirms) that this was intended to start a dialogue in whatever subsequent group addresses this work, and a mechanism for relaying GNSO ideas, questions and concerns in to that effort. I appreciate the discussion, and hope that we can all get to a place where we¹re either comfortable with the draft, or we amend it, or substitute it with something else. Thanks‹ **From:** Jennifer Standiford <[JStandiford@web.com](mailto:JStandiford@web.com)><mailto:[JStandiford@web.com](mailto:JStandiford@web.com)> **Date:** Wednesday, April 6, 2016 at 12:46 **To:** "Austin, Donna" <[](<[](mailto:Donna.Austin@neustar.biz)[Donna.Austin@neustar.biz](mailt<mailto:Donna.Austin@neustar.bi%3ca%20class=> o:Donna.Austin@neustar.biz)><mailto:Donna.Austin@neustar.bi%3ca%20class=>, Phil Corwin <[psc@vlaw-dc.com](mailto:psc@vlaw-dc.com)><mailto:[psc@vlaw-dc.com](mailto:psc@vlaw-dc.com)>, James Bladel <[jbladel@godaddy.com](mailto:jbladel@godaddy.com)><mailto:[jbladel@godaddy.com](mailto:jbladel@godaddy.com)>, GNSO Council List <[council@gnso.icann.org](mailto:council@gnso.icann.org)><mailto:[council@gnso.icann.org](mailto:council@gnso.icann.org)> **Subject:** RE: For Discussion: GNSO Letter to Akram Atallah re: ICANN Harassment Policy Hi Phil and Colleagues, Just a friendly reminder the attached document that was put forth in the GNSO Letter to Akram was referred to as a draft. James also included several questions that remain unanswered that will need to be address in addition to the points that you and Donna have raised. As for Donna¹s specific question, I would anticipate that ICANN Conference Participants would be a defined term that would include all ICANN staff and board members. Jennifer **From:** [owner-council@gnso.icann.org<mailto:owner-council@gnso.icann.org>](mailto:owner-council@gnso.icann.org) [[mailto:owner-council@gnso.icann.org](mailto:owner-council@gnso.icann .org)] **On Behalf Of** Austin, Donna **Sent:** Wednesday, April 06, 2016 1:36 PM **To:** Phil Corwin; James M. Bladel; GNSO Council List **Subject:** [council] RE: For Discussion: GNSO Letter to Akram Atallah re: ICANN Harassment Policy Hi Phil It¹s a good point and also raises another one for me. Are Dr Crocker and the other Board members covered under the ICANN staff policy on Sexual Harassment or would they be covered under a community ICANN attendee policy? Donna **From:**[](mailto:owner-council@gnso.icann.org)[owner-council@gnso.ic<mailto:owner-council@gnso.ic> ann.org](mailto:owner-council@gnso.icann.org) [[mailto:owner-council@gnso.icann.org](mailto:owner-council@gnso.icann .org)] **On Behalf Of** Phil Corwin **Sent:** Wednesday, 6 April 2016 9:33 AM **To:** James M. Bladel <[](<[](mailto:jbladel@godaddy.com)[jbladel@godaddy.com](mailto:jbladel@<mailto:jbladel@godaddy.co%3ca%20class=> godaddy.com)><mailto:jbladel@godaddy.co%3ca%20class=>; GNSO Council List <[council@gnso.icann.org](mailto:council@gnso.icann.org)><mailto:[council@gnso.icann.org](mailto:council@gnso.icann.org)> **Subject:** [council] RE: For Discussion: GNSO Letter to Akram Atallah re: ICANN Harassment Policy Thinking about this a bit more how would this incident be treated under any proposed Harassment Policy? [](http://domainincite.com/18772-icann-53-launches-with-risky-caitlyn- jenner-joke)[http://domainincite.com/18772-icann-53-launches-with-risk y-caitlyn-jenner-joke](http://domainincite.com/18772-icann-53-launches -with-risky-caitlyn-jenner-joke) Some found it offensive, and an apology was issued by Chairman Crocker. Is that sufficient or would reporting and investigation be required? **Philip S. Corwin, Founding Principal** **Virtualaw LLC** **1155 F Street, NW** **Suite 1050** **Washington, DC 20004** **202-559-8597/Direct** **202-559-8750/Fax** **202-255-6172/Cell** ** ** **Twitter: @VlawDC** **_"Luck is the residue of design" -- Branch Rickey_** **From:** Phil Corwin **Sent:** Wednesday, April 06, 2016 12:07 PM **To:** 'James M. Bladel'; GNSO Council List **Subject:** RE: For Discussion: GNSO Letter to Akram Atallah re: ICANN Harassment Policy Colleagues: I support in principle sending a letter to Akram on this subject and establishing clearer, enforceable policies regarding sexual and other forms of harassment that may take place at ICANN meetings. However, while I am strongly opposed to any form of such harassment, I have some concerns about the proposed draft Harassment Policy, relating to: · This very extensive list of potential offenses being non-exclusive (indicated by the words ³At a minimum² that start the document) · The use of the modifier ³Offensive² at the start of sections 1-4, in that this subjective standard inevitably raises the question ³offensive to whom²? In this regard, I think there must be some element of intent to harass or demean in the behavior subject to sanction, and that any policy should recognize that the cultural diversity of ICANN meeting attendees may lead to situations where remarks that are not intended to offend may nonetheless do so. · A need to strictly define, and limit, the ³prompt, appropriate remedial action² that ICANN staff may take if they determine that harassment has occurred (as well as whether ICANN staff are the appropriate parties to undertake such investigations, and whether the investigatory and judgmental/sanctioning roles should be separate). · Contradictory language regarding whether an individual who believes that he/she has witnessed harassment should report it, or must report it. I look forward to engaging in a discussion of these matters on our call of April 14th. Best regards, Philip **Philip S. Corwin, Founding Principal** **Virtualaw LLC** **1155 F Street, NW** **Suite 1050** **Washington, DC 20004** **202-559-8597/Direct** **202-559-8750/Fax** **202-255-6172/Cell** ** ** **Twitter: @VlawDC** **_"Luck is the residue of design" -- Branch Rickey_** **From:**[](mailto:owner-council@gnso.icann.org)[owner-council@gnso.ic<mailto:owner-council@gnso.ic> ann.org](mailto:owner-council@gnso.icann.org) [[mailto:owner-council@gnso.icann.org](mailto:owner-council@gnso.icann .org)] **On Behalf Of** James M. Bladel **Sent:** Monday, April 04, 2016 7:46 PM **To:** GNSO Council List **Subject:** [council] For Discussion: GNSO Letter to Akram Atallah re: ICANN Harassment Policy Council Colleagues ‹ Attached and copied below, please find a draft letter from the Council to Akram Atallah, in response to his recent blog post (³Conduct at ICANN Meetings² [](https://www.icann.org/news/blog/conduct-at-ICANN-meetings)[https://www .icann.org/news/blog/conduct-at-ICANN-meetings](https://www.icann.org/new s/blog/conduct-at-ICANN-meetings)). In this note, I set out to make some high-level points that support further work in this area, without weighing in on any specific indecent. Also, the letter references a statement from the NCUC ExCom (³Statement from NCUC Executive Committee² [](http://lists.ncuc.org/pipermail/ncuc-discuss/2016-March/018488.html )[http://lists.ncuc.org/pipermail/ncuc-discuss/2016-March/018488.html] (http://lists.ncuc.org/pipermail/ncuc-discuss/2016-March/018488.html)) and the ICANN Harassment Policy drafted by our volunteers (attached), and urges any future effort to consider these materials. If possible, please review these documents prior to our next call on 14 APR. We can collect edits and then decide if/how we want to proceed. Thank you, J. * * * Akram Atallah COO and interim CEO, ICANN Dear Akram On behalf of the GNSO Council, we would like to thank your for your recent blog post (³Conduct at ICANN Meetings²). Members of the Council, and all of the GNSO Stakeholder Groups and Constituencies, share the goal of ensuring that all members of the community can participate in and contribute to ICANN, in an environment where harassment and discrimination are not tolerated. Without passing judgment on any specific incident, we are encouraged by the commitment from Staff and the Board to engage the community on this subject. In support of this, volunteers on the Council have prepared a draft (³ICANN Conference Harassment Policy², attached). Several questions remain open, however, including: ? Whether this Policy would enhance, or be distinct from, the existing Expected Standards of Behavior policy ? Whether complaints would be reported to ICANN Staff, or the Office of the Ombudsman, or some other entity or group ? How the policy will be enforced, and ? Other topics and questions that will arise from this work. We expect that members of the GNSO community will be engaged in this effort, and note that some have already undertaken work in their own groups (³Statement from NUCU Executive Committee²). We urge this group to consider these materials in any community undertaking to develop new policy addressing this issue. Thank you Donna Austin, GNSO Vice-Chair James Bladel, GNSO Chair Heather Forrest, GNSO Vice-Chair [](https://www.icann.org/news/blog/conduct-at-icann-meetings)[https://www.icann.org/news/blog/conduct-at-icann-meetings<http://www.icann.org/news/blog/conduct-at-icann-meetings>](https://www.icann.o rg/news/blog/conduct-at-icann-meetings) [](http://lists.ncuc.org/pipermail/ncuc-discuss/2016-March/018488.html )[http://lists.ncuc.org/pipermail/ncuc-discuss/2016-March/018488.html] (http://lists.ncuc.org/pipermail/ncuc-discuss/2016-March/018488.html) * * * No virus found in this message. Checked by AVG - [www.avg.com<http://www.avg.com>](https://urldefense.proofpoint.com/v2/url?u=http-3A__ww w.avg.com&d=CwMFAg&c=MOptNlVtIETeDALC_lULrw&r=4A3LwUUER9_CePZ11QJsr5 6eryGQiPHEqv4TL7JH87w&m=GTJBGbCRyivgpW19dk4dofA96i5L2FtmkxBrrkb_voc& s=Wc6g-4Lo0XrpvCus6DBuVDgfsaHZUFkJkS6hjLLPAak&e=) Version: 2016.0.7497 / Virus Database: 4545/11942 - Release Date: 04/02/16 ----- No virus found in this message. Checked by AVG - www.avg.com<http://www.avg.com> Version: 2016.0.7497 / Virus Database: 4545/12005 - Release Date: 04/10/16 Internal Virus Database is out of date.
participants (1)
-
Jennifer Gore Standiford