Carlos,
I'm not certain about that. My position certainly has not moved. Perhaps we were never in agreement. Also, since there are two text options in the draft, perhaps consensus is not as clear as you portray it to be.
Brett
On Sep 4, 2015, at 9:04 PM, Carlos Raúl Gutiérrez <[log in to unmask]<mailto:[log in to unmask]>> wrote:
Dear Brett
slowly but certainly your are moving away form the CCWG consensus. This is not anymore distance only to the NCSG, but to the overall CCWG rough consensus that we would include HR.
Carlos Raúl Gutiérrez
________________________________
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
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Washington, DC 20002
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On Sep 4, 2015, at 12:57 PM, Schaefer, Brett <[log in to unmask]<mailto:[log in to unmask]>> wrote:
No. As I mentioned in my earlier note, I have no confidence that the mission would remain narrow if a broad, undefined human rights commitment were adopted. There are simply too many human rights that tangentially touch on ICANN's mission that would provide opportunities for mission creep. I would prefer no mention of human rights at all to a broad commitment to 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<http://heritage.org>
-----Original Message-----
From: Tamir Israel [mailto:[log in to unmask]]
Sent: Friday, September 04, 2015 2:49 PM
To: Schaefer, Brett; [log in to unmask]<mailto:[log in to unmask]>
Subject: Re: CCWG comments last call
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<http://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]<mailto:[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<http://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]<mailto:[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]<mailto:[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
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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]<mailto:[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
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