Although I understand the concern raised by Brett, I support the text on
human rights currently encompassed in the draft facilitated by Milton and I
agree with the points raised before by Tamir.
Article 4 of ICANN´s Articles of incorporation mention a broad obligation
for the organization to carry out its activities " in conformity with
relevant principles of international law and applicable international
conventions". This certainly encompasses the respect for internationally
recognized human rights treaties.
This obligation is now in the process of being more clearly defined in the
bylaws. The understanding that is emerging from WP4 of the CCWG
Accountability is that the expression "within its mission and operations"
prevents mission creep. I agree that this expression is clear enough.
Suggestions of improvement can always be made, certainly.
I would not agree with mentioning specific rights on the text. Human Rights
are indivisible by nature. We cannot pick and choose them. Of course, on a
practical and operational level, there will be some human rights that will
be more related to the activities of ICANN than others. This is something
that can be explored and further discussed in work stream 2 of the
accountability discussion. But the nature of the bylaws is to be a high
level text, therefore, it is appropriate to make a high level commitment.
I hope that we can keep the text as it currently stands.
Thanks and best wishes
Marília
On Fri, Sep 4, 2015 at 3:49 PM, Tamir Israel <[log in to unmask]> wrote:
> But this definitely excludes several important and relevant human rights
> that ICANN would need to consider in its mission (privacy, freedom of
> association, others). It also includes 'free flow of information' which
> is not actually a human right.
>
> Would it not make more sense to simply reference established human
> rights as a whole, but add a strong statement for staying on mission so
> that the downstream activities you mention are avoided?
>
> Best,
> Tamir
>
> On 9/4/2015 2:46 PM, Schaefer, Brett wrote:
> > That is why we would prefer the alternative option -- "to respect the
> fundamental human rights of the exercise of free expression and the free
> flow of information." If that is too narrow, additions could be suggested,
> but they should be clearly defined to avoid confusion and mission creep.
> >
> >
> >
> > Brett Schaefer
> > Jay Kingham Senior Research Fellow in International Regulatory Affairs
> > Margaret Thatcher Center for Freedom
> > Davis Institute for National Security and Foreign Policy
> > The Heritage Foundation
> > 214 Massachusetts Avenue, NE
> > Washington, DC 20002
> > 202-608-6097
> > heritage.org
> >
> > -----Original Message-----
> > From: Tamir Israel [mailto:[log in to unmask]]
> > Sent: Friday, September 04, 2015 2:31 PM
> > To: Schaefer, Brett; [log in to unmask]
> > Subject: Re: CCWG comments last call
> >
> > On the other hand, we would want ICANN to adhere to human rights in its
> own activities/mission. So it must respect privacy when setting its WHOIS
> policies. It must respect free expression when setting its UDRP framework.
> It definitely should adopt domain name registration policies that enhance
> accessibility to domain names. So how do we keep the good obligations while
> avoiding the second order ones?
> >
> > Best,
> > Tamir
> >
> > On 9/4/2015 2:24 PM, Schaefer, Brett wrote:
> >> We would be OK with a tightly enumerated set of human rights, but
> support of human rights generically would invite mission creep.
> >>
> >> “Internationally recognized human rights” or just human rights is a
> very broad realm and this formulation would, even if circumscribed by the
> caveat of within the mission for ICANN, be an open invitation for various
> ICANN constituencies and governments to demand that the organization
> involve itself in any number of human rights activates tangentially related
> to its mission, e.g. financing expanded broadband and connectivity
> consistent with the right to development, fulfilling the “right to the
> Internet” that is being kicked around, or censoring content on the Internet
> consistent with the right to be forgotten or prohibitions on defamation of
> religion.
> >>
> >> Regardless of whether these missions are well-intentioned, they should
> be outside of the ICANN remit. But I do not see any realistic possibility
> of strict adherence to narrow ICANN mission holding firm in the face of the
> political pressure of pursuing these other human rights if the bylaws
> commit ICANN to respect the entire universe of human rights.
> >>
> >>
> >>
> >>
> >> Brett Schaefer
> >> Jay Kingham Senior Research Fellow in International Regulatory Affairs
> >> Margaret Thatcher Center for Freedom Davis Institute for National
> >> Security and Foreign Policy The Heritage Foundation
> >> 214 Massachusetts Avenue, NE
> >> Washington, DC 20002
> >> 202-608-6097
> >> heritage.org
> >>
> >> -----Original Message-----
> >> From: Mueller, Milton L [mailto:[log in to unmask]]
> >> Sent: Friday, September 04, 2015 1:45 PM
> >> To: Paul Rosenzweig; [log in to unmask]
> >> Cc: Schaefer, Brett
> >> Subject: RE: CCWG comments last call
> >>
> >> Is there any way to word it that would change your dissent, or is the
> objection generic?
> >>
> >>> -----Original Message-----
> >>> From: Paul Rosenzweig
> >>> [mailto:[log in to unmask]]
> >>> Sent: Friday, September 4, 2015 1:39 PM
> >>> To: Mueller, Milton L; [log in to unmask]
> >>> Cc: 'Schaefer, Brett'
> >>> Subject: RE: CCWG comments last call
> >>>
> >>> Milton/Colleagues
> >>>
> >>> I think that the draft is quite fine and for the main I agree with it.
> >>> Without in any way seeking to relitigate the issue, however, I know
> >>> that the human rights language is one from which Heritage would
> >>> dissent. Is there some way of generically making clear that the
> >>> NCSG comments do not reflect the agreement of all NCSG members?
> >>>
> >>> Paul
> >>>
> >>> Paul Rosenzweig
> >>> [log in to unmask]
> >>> O: +1 (202) 547-0660
> >>> M: +1 (202) 329-9650
> >>> VOIP: +1 (202) 738-1739
> >>> Skype: paul.rosenzweig1066
> >>> Link to my PGP Key
> >>>
> >>>
> >>> -----Original Message-----
> >>> From: Mueller, Milton L [mailto:[log in to unmask]]
> >>> Sent: Friday, September 4, 2015 12:43 PM
> >>> To: [log in to unmask]
> >>> Subject: CCWG comments last call
> >>>
> >>> I have made some revisions. We seem to have rough consensus that we
> >>> are opposed to the proposed voting allocations and consider them and
> >>> two other things serious enough to raise doubts about whether the
> >>> CCWG- Accountability proposal enhances ICANN's accountability. The
> >>> comments now note that we are not unanimous on this but do have a
> >>> preponderance of opinion that would constitute rough consensus. We
> >>> all seem to be in agreement about our discussion of the so-called
> >>> "freedom to contract" section and the section on advice from public
> >>> authorities. We also now seem to have a way forward on how to handle
> >>> the HR commitment, though that has only been floated a few minutes
> >>> ago so it needs more review.
> >>>
> >>> In reviewing these comments, please refrain from the temptation to
> >>> introduce minor wordsmithing - we really don't have time for it at
> >>> this point.
> >>>
> >>> https://docs.google.com/document/d/1JGBXO5oOiN_FxivPFkHjz3Gc2w3AT2
> >>> PeJznrXPw2
> >>> fJ4/edit
> >>>
> >>> Dr. Milton L Mueller
> >>> Professor, School of Public Policy
> >>> Georgia Institute of Technology
> >
>
>
>
--
*Marília Maciel*
Pesquisadora Gestora - Centro de Tecnologia e Sociedade - FGV Direito Rio
Researcher and Coordinator - Center for Technology & Society - FGV Law
School
http://direitorio.fgv.br/cts
DiploFoundation associate - www.diplomacy.edu
PoliTICs Magazine Advisory Committee - http://www.politics.org.br/
Subscribe "Digital Rights: Latin America & the Caribbean" -
http://www.digitalrightslac.net/en
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