Hi Anne,
I believe the LD PDP is currently applying this in their processes and we can learn from their experience – not saying that each and every HRIA will look the same for all future PDPs, and indeed each PDP/EPDP has the opportunity to call in outside experts as circumstances warrant. I have also reached out to staff on LD PDP and they have affirmed the same. I agree that this is a good discussion to have, and I’ve mentioned, as you also have at the end of your email, this is very much a full Council discussion if we want to shift the language in the Human Rights paragraph.
The current charter language matches the LD PDP charter language in the same paragraph, and Council could benefit from a shared understanding of the basis of how this came to be as well.
Finally, apologies that our emails crossed earlier, but the next steps I believe remain the same. We can allot some time during this agenda item to have the larger discussion on shifting the HR language in the PDP charter “default template”/the finer points on the understanding of “proportionality and legitimacy”.
Best,
Jen
From: Anne ICANN via gnso-dnsabuse-smallteam <gnso-dnsabuse-smallteam@icann.org>
Sent: Friday, January 9, 2026 10:38 AM
To: jen@dot.asia
Cc: gnso-dnsabuse-smallteam@icann.org
Subject: [gnso-dnsabuse-smallteam] Re: Happy New Year - closing out/resolving some open comments on the Charter
Thanks Jen. I would like to reiterate that I have never been opposed to an HRIA. I think the question for the PDP becomes whether this requires an outside expert assessment report as suggested by Farzi. My understanding from Council was that of course the Human Rights checklist would be applied in every PDP. You may be saying that the specific mechanism for conducting the HRIA will be up to the Working Group members if I understand your summary correctly?
This has been a great discussion regarding expectations of this PDP. I am not sure that the discussion is now closed. My concern lies with the three elements identified by Farzi that constitute her definition of "legitimate" in the Human Rights paragraph. I do believe she is correct that the Latin Diacritics PDP involves a much simpler analysis. So at the risk of being repetitive, I think the issue is what the term "legitimate" means in Question 3 in the Human Rights paragraph. Justine offered her understanding and it differs from Farzi's. I think it may have been Sam who mentioned that not much would be lost if Question 3 were deleted? Then Lawrence weighed in and said he shared my view that the definition on "legitimate" is problematic.
So here is Farzi's definition of "legitimate" in Question 3: "
if the law and policies 1) were enacted through consent and participation 2) don't go against fundamental rights themselves - 3) there is fairness in enforcement.
Your summary email addresses HRIA but does not address this point as to whether there is a common understanding on "legitimate" in question 3. These principles appear obvious to Farzi but seem not to be obvious to other members of this small team. Nor do I think they are obvious to the Council as a whole. My aim here is clarity for the direction to be provided to the EPDP in the Charter.
Anne
On Thu, Jan 8, 2026 at 5:41 PM jen--- via gnso-dnsabuse-smallteam <gnso-dnsabuse-smallteam@icann.org> wrote:
Thank you all for your input and extensive discussion on closing out the charter. The effort, time and care invested in these exchanges are appreciated.
From my reading of the discussion, it seems we have broad agreement to go with the suggested text from Justine in q5. And to retain the original language in q3 and q8. I would like to thank Anne and Farzi for the detailed discussion on HRIA, and agree that it was council decision to add this to the PDP charters from LD PDP onwards. I note that they are operationalizing it for the first time in that PDP and Council will be able to learn from this process - if there needs to be any significant changes it would be a Council-level discussion and subsequent decision. Right now the language we have in the charter on Human Rights is sufficiently clear with the requisite reference links.
With this, I believe we have closed out the remaining substantive edits to the Charter, and request staff to clean up a final version so we can link this to the motion we will be voting on next week.
Thank you again everyone for your constructive contributions, let’s maintain momentum and direct our collective attention to the substantive work of the PDP itself. As we all recognize, the expectations of the community are significant, and the work ahead will require sustained focus and collaboration.
Best,
Jen
From: Lawrence O. Olawale-Roberts via gnso-dnsabuse-smallteam <gnso-dnsabuse-smallteam@icann.org>
Sent: Thursday, January 8, 2026 4:41 PM
To: farzaneh badii <farzaneh.badii@gmail.com>; Anne ICANN <anneicanngnso@gmail.com>
Cc: Vivek Goyal <vivekg@ldotr.red>; Mohr, Susan <Susan.Mohr@lumen.com>; Demetriou, Samantha <sdemetriou@verisign.com>; justine.chew.icann@gmail.com; jen@dot.asia; gnso-dnsabuse-smallteam@icann.org
Subject: [gnso-dnsabuse-smallteam] Re: Happy New Year - closing out/resolving some open comments on the Charter
Dear All,
Compliments of the Season and this is wishing us all a Happy New Year!
On the edits posed to Questions 3 and 5, i am aligned that adopting Option 2 as proposed by Justine remains the most viable option to adopt as it helps with clarity and organization of the points.
On the discuss around Question 8,
I agree with keeping the original wording, “What metrics will be used to evaluate the policy’s effectiveness?” and agree it is sufficient.
I support Anne’s point of view on 3 and around the discuss ongoing.
Lawrence.
Get Outlook for iOS
_______________________________________________
gnso-dnsabuse-smallteam mailing list -- gnso-dnsabuse-smallteam@icann.org
To unsubscribe send an email to gnso-dnsabuse-smallteam-leave@icann.org
_______________________________________________
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.