August 2016 - Ws2-hr - lists.icann.org

proposed agenda call August 30 19 UTC + request
by Niels ten Oever Aug. 29, 2016

Aug. 29, 2016

Dear all, Please all find underneath and attached the proposed agenda for our call tomorrow. Also a reminder that you're very much invited to contribute to and review the documents mentioned below. 1. Administrivia Roll call, absentees, SoIs, etc 2. Discussion on: the Summary on what was agreed and discussed on human rights during WS1 https://docs.google.com/document/d/1rwpw9aSAqboRO2_rNkjMVJPOmYwmdr5B1_M_aNM… 3. Discussion on: Concerns on possible impacts of Human Rights bylaw and FoI https://docs.google.com/document/d/1KcKGRJjuhKEzCh2AZ8PPR_MofOQFBN8CMuJqTG_… 4. Discussion on: FoI draft document https://docs.google.com/document/d/1emqmzyB9_0vm6oKxhIWZ47L7lxcFKUBHVnkBYUO… 5. AOB Best, Niels -- Niels ten Oever Head of Digital Article 19 www.article19.org PGP fingerprint 8D9F C567 BEE4 A431 56C4 678B 08B5 A0F2 636D 68E9

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Working documents for coming days
by Niels ten Oever Aug. 25, 2016

Aug. 25, 2016

Dear all, I've opened up a new working document as agreed at our call Tuesday. I've populated it with links to our working and background documents as well as with the questions we agreed on answering during our first call. I am looking forward to your drafting in this document: https://docs.google.com/document/d/1emqmzyB9_0vm6oKxhIWZ47L7lxcFKUBHVnkBYUO… Of course we're also still working on the 'Human Rights in WS1 Summary'-document: https://docs.google.com/document/d/1rwpw9aSAqboRO2_rNkjMVJPOmYwmdr5B1_M_aNM… And if people have concerns about negative or unintended impacts of the HR bylaw or FoI, they can list them here: https://docs.google.com/document/d/1KcKGRJjuhKEzCh2AZ8PPR_MofOQFBN8CMuJqTG_… I'm looking forward to your contributions and our discussion coming Tuesday at 19:00 UTC. Best, Niels -- Niels ten Oever Head of Digital Article 19 www.article19.org PGP fingerprint 8D9F C567 BEE4 A431 56C4 678B 08B5 A0F2 636D 68E9

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Notes, recordings, transcript for WS2 Human Resources Subgroup Meeting #2 - 23 August
by MSSI Secretariat Aug. 24, 2016

Aug. 24, 2016

Hello all, The notes, recordings and transcripts for CCWG Accountability WS2 Human Resources Subgroup Meeting #2 - 23 August 2016 will be available here: https://community.icann.org/x/DgKsAw A copy of the notes may be found below. Thank you. With kind regards, Brenda Brewer MSSI Projects & Operations Assistant ICANN - Internet Corporation for Assigned Names and Numbers Notes 1. Administrivia 2. Discussion on: the Summary on what was agreed and discussed on human rights during WS1 [0] https://docs.google.com/document/d/1rwpw9aSAqboRO2_rNkjMVJPOmYwmdr5B1_M_aNM… * Tatiana and Greg walk through of the first Google document - Summary of WS1 (WP4) discussion on Human Rights 1st draft * Greg Shatan: ICANN will enforce their contracts -- but I don't believe there are requirements relating to human rights (beyond "applicable law' provisions). * Nigel: Disagree. Because human rights conventions are not applicable to ICANN as it's not a state actor * jorge cancio (GAC Switzerland): as for the meaning and effect of article 4 about international law and HR: perhaps an analysis of IRP decisions (and maybe other instances as well) could be warranted, in order to have a clear picture as to what extent HR (based on current article 4 of the Articles of Incorporation) have already been applied? * Anne Aikman-Scalese (IPC): Ruggie principles state that business (ie. ICANN) should "not contribute to" human rights abuses. (See page 21.) Of course for some, this may conflict with what they see as their free speech rights. For example, the Hague Criminal Court had testimony yesterday from the perpetrator of crimes of destruction of cultural property in Mali. This destruction resulted from ISIL occupation and its statement against the culture in Mali that it viewed as heretical. These videos are accessible on certain Internet sites. If ICANN permits sites to be used to show destruction of cultural property - or in a more extreme case, to permit authorized Internet urls to be used to display beheadings, is ICANN contributing to human rights violations and failing to respect Human Rights? * Niels ten Oever 2: Hi Anne - I think representation on an act and an act is a very different thing. * Nigel: Moreover, respect for human rihghts involve a positive oblgation to carry out the balancing act between several rights that are engaged. * Nigel: e.g. free expression versus right to property * David McAuley: In WS1 we agreed to punt on enforcement. * Anne Aikman-Scalese (IPC): @Niels -I am not sure what you mean by "representation on an act". But I agree that respecting Human Rights necessarily involves a balancing act. It may also be case-by-case. * Tatiana Tropina: I think what we are discussing now is actually the FoI issues - and good that we have transcripts. I also would like to offer - anyone - please - go to the concerns document, it still is in the drafting process (in its very inception) and do list your concerns . * Niels ten Oever 2: @Anne - Destruction of buildings is not by far the same as showing videos of destruction. On this topic, also see the Manilla Principles. * Farzaneh Badii: enforcement question. * Tatiana Tropina: Enforcement in this document is about external enforcement. Internal enforcement is a valid point for future discussion. * Paul McGrady: Problem of defining Respect and it being punted to WS2. did this get into constituencies etc. * Tatiana Tropina: It was more of a policy discussion and drawing border between Respect and Protection. * David McAuley: I recall the discussions around respect being about ICANN the organization rather than the commmunity. * Anne Aikman-Scalese (IPC): Is providing in the Registry Agreement that ICANN can direct the Registry to takedown any website that is clearly demonstrated or purposed toward Human Rights violations (e.g. sex trafficing of minors website) a matter of "external enforcment" or a matter of action taken to avoid contributing to Human Rights abuses? If ICANN supports policies that prevent law enforcement from getting to the perpetrators, then those policies would be contributing to Human Rights abuses. Or does ICANN say, "not my problem - out of scope". Good luck finding these people. We think it's fine if their location and contact information is completely private. * Kavouss Arasteh: meeting badly organized. * David McAuley: We never really delved into respect neiter did we go beyond ICANN the organization. * Greg Shatan: There was some discussion of Respect in WS1. * Niels Ten Oever: One more week to work on the document. (Several green Ticks and no comments).. Everyone is invited to contribute tot he document. 3. Discussion on: Concerns on possible impacts of Human Rights bylaw and FoI [1] * Niels Ten Oever: Paul Twomey is not on this call and will ask him and TT to work on this document over the coming week. I would also invite everyone to contribute to this if they have input. * Kavouss Arasteh: general disagreement with process and activities. NTO: explanation of process. * Ron da Silva: Board Concerns? These were well captured in the document. Unaware of any additional concerns vs those from WS1. * Jorge cancio (GAC Switzerland): CHAT - apart from concerns that the HR commitment would go "too far", we should also be careful in not weakening the current level of commitment according especially to article IV of the AoI * Anne Aikman-Scalese (IPC) CHAT: This was a concern I expressed earlier - being bound to Article 4 without a Framework of Interpretation. * jorge cancio (GAC Switzerland): I would see that analysis (of the current level of commitment under current AoI and Bylaws) either as a staff supported endeavour or as a collective effort... not sure whether Lee could cope with it - I'm a bit reluctant to speak on his behalf :-S * Tijani Ben Jemaa: we have to go forward with our narrow mission of creating an FOI - we should not add to our scope. * Andrew Mack: here here Tijani. less is more -- it will be challenge enough as a limited mandate * David McAuley: Good reminder, thanks Tijani * Tatiana Tropina: We agreed during the WS1 that we can not say whether Art 4 of AoI creates the obligation because HR instruments are mostly for the states * Niels Ten Oever: good point TBJ. I will draft a frame of this document to get us started next week. * Kavouss Arasteh: Discussion of what is the FOI? * Niels Ten Oever: Annex 6 of the CCWG report describes this quite well and provides some examples. 4. Discussion on working tools of the Design Team (Wiki, mailinglist, Github, Google Docs, Etherpads, etc) * Niels Ten Oever: Problems with Googledocs - the only tools for collaborative working on text is Etherpad and Googledocs. Googledocs has more functionality so we will keep using it for now. If you have further comments on this please provide them on the list. * Tijani Ben Jemaa: Let us use what ICANN provides so everyone can contribute. The Wiki works well. * Niels Ten Oever: lets take this to the list. 5. AOB * Niels Ten Oever: adjourned.

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Concerns and summary documents
by Niels ten Oever Aug. 23, 2016

Aug. 23, 2016

Dear all, Thanks you very much for the productive and constructive first call of the CCWG WS2 DT HR, as agreed, please find underneath two empty good docs for the agreed tasks: Concerns on possible impacts of Human Rights bylaw and FoI - lead by Paul Twomey and Tatian Tropina https://docs.google.com/document/d/1KcKGRJjuhKEzCh2AZ8PPR_MofOQFBN8CMuJqTG_… Summary on what was agreed and discussed on human rights duringWS1 - lead by Greg Shatan, Tatiana Tropina, David McAuley, Niels ten Oever https://docs.google.com/document/d/1rwpw9aSAqboRO2_rNkjMVJPOmYwmdr5B1_M_aNM… All the best, Niels -- Niels ten Oever Head of Digital Article 19 www.article19.org PGP fingerprint 8D9F C567 BEE4 A431 56C4 678B 08B5 A0F2 636D 68E9

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draft agenda call August 23 1900 UTC
by Niels ten Oever Aug. 23, 2016

Aug. 23, 2016

Dear all, Please find underneath the proposed agenda for our call on August 23 at 19:00 UTC. 1. Administrivia 2. Discussion on: the Summary on what was agreed and discussed on human rights during WS1 [0] 3. Discussion on: Concerns on possible impacts of Human Rights bylaw and FoI [1] 4. Discussion on working tools of the Design Team (Wiki, mailinglist, Github, Google Docs, Etherpads, etc) 5. AOB Volunteers from our group are still working on the documents, and I am sure they will appreciate your review and input in the form of suggested text and comments. Suggestions for agenda points are welcome of course. Looking forward to the call tomorrow. Best, Niels [0] https://docs.google.com/document/d/1rwpw9aSAqboRO2_rNkjMVJPOmYwmdr5B1_M_aNM… [1] https://docs.google.com/document/d/1KcKGRJjuhKEzCh2AZ8PPR_MofOQFBN8CMuJqTG_… -- Niels ten Oever Head of Digital Article 19 www.article19.org PGP fingerprint 8D9F C567 BEE4 A431 56C4 678B 08B5 A0F2 636D 68E9

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Notes, recordings, transcript for WS2 Human Rights Subgroup Meeting #1 - 16 August
by MSSI Secretariat Aug. 16, 2016

Aug. 16, 2016

Hello all, The notes, recordings and transcripts for CCWG Accountability WS2 Human Rights Subgroup Meeting #1 – 16 August 2016 will be available here: https://community.icann.org/x/CwKsAw A copy of the notes and action items may be found below. Thank you. With kind regards, Brenda Brewer MSSI Projects & Operations Assistant ICANN - Internet Corporation for Assigned Names and Numbers Notes & Action Items Action Item: 1. Start work by capturing risks and unintended consequences taking into account the work from WS1. - small group to be lead by Paul Twomey 2. Document the Human rights discussion, agreements and work from WS1 - Lead by Sonigitu, with Niels, Greg, David and Tatiana 3. Work using Google docs this week and will reconsider at next meeting Documents Presented · Presentation Meeting 0.pdf<https://community.icann.org/download/attachments/61604363/Presentation%20Me…>

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Agenda + Slides call August 16 - 1900 UTC
by Niels ten Oever Aug. 16, 2016

Aug. 16, 2016

Dear all, Please find attached the slides for the CCWG WS2 HR DT* call on the 16th of August at 1900 UTC as well as a proposed agenda underneath. 1. Administrivia 2. Opening Remarks 3. Scope and purpose as outlined by WS1 4. Proposed Time line 5. Questions to answer (in FoI) 6. Meetings 7. Workplan 8. AOB I greatly looking forward to the call, please let me know if you have any questions of suggestions either onlist or offlist. All the best, Niels * = Cross Community Working Groups on Enhacing ICANNs Accountability Workstream 2 Human Rights Design Team -- Niels ten Oever Head of Digital Article 19 www.article19.org PGP fingerprint 8D9F C567 BEE4 A431 56C4 678B 08B5 A0F2 636D 68E9

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Welcome and call planning
by Niels ten Oever Aug. 3, 2016

Aug. 3, 2016

Dear participants to the Human Rights Design Team as part of the CCWG Workstream 2 (CCWG WS2 HR DT), It's a great pleasure to welcome you here on behalf of Nigel and myself, as co-rapporteurs of this design team. We have quite some exciting work ahead of us for the coming time. In order to get our work started on the deliverables that we are supposed to deliver to the CCWG, it would be good if we first had a call where we could jointly discuss our objectives, and the way we could get there. In order to do this we will first need to decide on the timeslot(s) and day(s) of the week we will have our weekly one hour calls. ICANN has offered us timeslots at 0600, 1200 and 1900 UTC on all days of the week (for us to share with the other design teams). I would like to check with you what your preferred days and times are, and whether you would like to dynamically change the days and/or times. In order to get your feedback I setup three polls. Could you please respond before Wednesday August 3 so we can get the planning process going and we can start discussing. Time slot preference: http://doodle.com/poll/d9fnkkh9kdfq64a4 Day preference: http://doodle.com/poll/n5twttd823ty9tte Static vs dynamic times and days http://doodle.com/poll/9h5vbhe2r3un4use I'm greatly looking forward to work with you on this. Best, Niels -- Niels ten Oever Head of Digital Article 19 www.article19.org PGP fingerprint 8D9F C567 BEE4 A431 56C4 678B 08B5 A0F2 636D 68E9

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