The comments by Avri and Wolfgang do a good job of sketching out the perspectives that are being discussed in NCSG with regard to Human Rights (HR) and Public Interest (PI). Avri is of course correct that any approach to PI needs to be consistent and compliant with HR. At the global level there is always an ongoing dialogue around what constitutes Human Rights (for example now in the Internet ecosphere) and how they apply to organizations –Civil Society Actors and Human Rights Defenders- as well as individuals. There is also always a more complicated debate around Public Interest since each definition of Public Interest allocates private rights in different ways, as is seen in ICANN discussions involving PI.

While the constituencies of ICANN engage, within themselves and with others, in a global dialogue around HR and PI, both to help understand and shape the meanings, there is a more limited task with regard to ICANN itself. ICANN is a multistakeholder Civil Society Actor whose "short form" mission and vision are the security and stability of the DNS. ICANN is neither a Human Rights Defender nor a Public Interest advocate.

From a Civil Society Actor/Human Rights Defender perspective, the question is how consistent and compliant is ICANN policy and practice with respect to Human Rights standards, and what can be done to strengthen ICANN’s position there, possibly as a leader in their application within the Internet ecosystem. This can be approached in a variety of ways, some of which have been discussed with NCSG.

While one cannot define Public Interest in the absence of Human Rights, it is important to remember that beyond how human rights constrain definitions of Public Interest, there is no single definition of Public Interest. Human Rights principles dictate that Public Interest cannot put the interests of one gender, orientation, or race above another, but those principles offer limited guidance when it comes to the interests of citizens versus refugees, or differential community Internet access.

This is where ICANN’s multistakeholder structure can stand out, engage in internal dialogue, draw on Civil Society notions of Public Interest, draw on divergent views on how markets and policies serve the Public Interest, and on notions of Civic and Corporate Social Responsibility, all of which have at their core deep seated notions of social justice which themselves are linked to Human Rights. The task is not to step back and help definition each of these core terms but to assess ICANN policy and practice with respect to inclusive notions of the Public Interest. The common goal is to examine and improve ICANN’s policies and practices.

Sam Lanfranco, Chair, NPOC Policy Committee