Fwd: ICANN=?windows-1252?Q?=92s_?=Responsibility to Respect International Human Rights Principles - [Docket No. 110207099-1099-01 /// RIN 0660-XA23]

Fri Apr 1 03:52:51 CEST 2011

Thx for this Robin.

Nicolas

On 3/31/2011 6:01 PM, Robin Gross wrote:
> FYI:  IP Justice statement on NTIA request for comments on IANA - ICANN.
>
> Begin forwarded message:
>
>> *From: *Robin Gross <robin at ipjustice.org <mailto:robin at ipjustice.org>>
>> *Date: *March 31, 2011 2:59:34 PM PDT
>> *To: *IANAFunctions at ntia.doc.gov <mailto:IANAFunctions at ntia.doc.gov>
>> *Cc: *Robin Gross <robin at ipjustice.org <mailto:robin at ipjustice.org>>
>> *Subject: **ICANN’s Responsibility to Respect International Human 
>> Rights Principles - [Docket No. 110207099-1099-01 /// RIN 0660-XA23]*
>>
>> Please see attached Word file (and text below) comments from IP Justice
>>
>> RE:Docket No. 110207099-1099-01
>>
>> RIN 0660-XA23
>>
>> Request for comments on the Internet Assigned Numbers Authority 
>> (IANA) Functions
>>
>>
>> ______________________________________________________________________________________
>>
>> United States Department of Commerce
>>
>> National Telecommunications and Information Administration (NTIA)
>>
>> RE:Docket No. 110207099-1099-01
>>
>> RIN 0660-XA23
>>
>> Request for comments on the Internet Assigned Numbers Authority 
>> (IANA) Functions
>>
>> 31 March 2011
>>
>> Fiona M. Alexander
>>
>> Associate Administrator
>>
>> Office of International Affairs
>>
>> National Telecommunications and Information Administration
>>
>> U.S. Department of Commerce
>>
>> 1401 Constitution Avenue, N.W. Room 4701
>>
>> Washington, DC 20230
>>
>> Via email to:IANAFunctions at ntia.doc.gov 
>> <mailto:IANAFunctions at ntia.doc.gov>
>>
>> *ICANN’s Responsibility to Respect International Human Rights Principles*
>>
>> IP Justice[1] <x-msg://255/#_ftn1> appreciates this opportunity to 
>> provide comment to US Department of Commerce National 
>> Telecommunications and Information Administration (NTIA) regarding 
>> improvements to the functions of the Internet Assigned Numbers 
>> Authority (IANA) and its relationship with the Internet Corporation 
>> for Assigned Names and Numbers (ICANN).
>>
>> IP Justice would like to focus NTIA’s attention on one issue 
>> fundamental to all of ICANN’s responsibility -- one that impacts all 
>> of ICANN’s functions: ICANN’s obligation to respect internationally 
>> recognized human rights principles in carrying out its duties.
>> With power, comes responsibility.As the organization responsible for 
>> the global governance of certain functions of the Domain Name Space 
>> (DNS), ICANN must also be willing to live up to the same high 
>> standards as other legitimate governance organizations in respecting 
>> the fundamental rights of Internet users.Until a suitable legal 
>> framework is in the place that can hold ICANN accountable for 
>> circumventing internationally recognized human rights guarantees, 
>> ICANN is in no position to receive additional autonomy.
>> As a private corporation, there is very little to hold ICANN in 
>> compliance with international legal standards and human rights 
>> protections that nation states must respect.As a private corporation 
>> ICANN does not believe it owes any legal duty or ethical obligation 
>> to respect internationally recognized legal principles.Some contend 
>> that the legal structure of ICANN as a private corporation serves as 
>> a legal “loop hole” through which the organization can escape any 
>> responsibility to uphold human rights in the space where it governs.
>> ICANN’s connection to the United Stated Government through its 
>> contractual arrangement with NTIA is one of the few ways that ICANN 
>> can be held accountable to upholding fundamental rights and 
>> freedoms.The US Government is legally obligated to respect human 
>> rights, while private corporations are not.ICANN has provided mixed 
>> messages about the extent to which it owes an obligation to uphold 
>> international legal principles including human rights.
>> Legitimate governance organizations are rooted in legal traditions 
>> that respect human rights and have means of enforcing them.For 
>> example, the US Government is prohibited from restricting the speech 
>> of its citizens except in narrowly defined circumstances under the 
>> First Amendment to the US Constitution.Furthermore the US (and most 
>> governments that participate at ICANN) have signed the Universal 
>> Declaration of Human Rights, including Article 19, which “guarantees 
>> everyone the right to freedom of expression in any medium and 
>> regardless of frontiers”.Unfortunately ICANN remains unwilling to 
>> commit to human rights principles, preferring to remain without any 
>> legal duty or ethical obligation to ensure the public’s most 
>> fundamental rights are protected in the critical realm over which it 
>> claims authority.
>> ICANN must affirmatively answer that it will uphold internationally 
>> recognized human rights, but to date ICANN has flouted any obligation 
>> to protect the public in this manner.At the Rome ICANN Meeting in 
>> 2004, a European Union Privacy Commissioner said that ICANN’s “whois” 
>> policies violate international privacy protections.ICANN has done 
>> nothing to rectify this deficiency of privacy protections in its 
>> policies.
>> ICANN sees no duty to protect freedom of expression in the DNS 
>> either.Proposed policies for new top-level domains that would 
>> prohibit “sensitive” words as domain names are in stark contrast to 
>> internationally recognized freedom of expression 
>> guarantees.Internationally recognized legal principles of “due 
>> process” which ensure fairness can also be easily skirted in a 
>> private corporation that believes it owes no duty to the public.
>> Unfortunately ICANN’s lack of commitment to internationally 
>> recognized fundamental rights and freedoms threatens the healthy 
>> growth of the DNS and the global public interest.ICANN’s structure 
>> must be rooted in a firm foundation and a legally enforceable 
>> obligation to uphold basic rights.Today more than ever, we see the 
>> promise and the power of a free and open Internet to empower citizens 
>> and strengthen democracies.And we recognize the critical need to 
>> ensure the Internet remains an engine of human progress and 
>> freedom.Respect for human rights in the policies governing the DNS is 
>> critical to furthering the global public interest.
>> Since ICANN claims its objective is to promote the global public 
>> interest, it ought to be willing to adhere to internationally 
>> recognized legal principles that guarantee the public basic rights 
>> and fundamental freedoms.Removing any duty or legal obligation to 
>> respect human rights, which ICANN may have by virtue of its 
>> relationship with the US Government, would leave the public 
>> defenseless in cyberspace.
>> Without a legal mechanism to ensure ICANN will respect 
>> internationally recognized human rights, the same way a legitimate 
>> governance organization must respect human rights, it would be 
>> dangerous to grant ICANN further autonomy.
>> Respectfully submitted,
>> Robin Gross
>> IP Justice
>> http://www.ipjustice.org <http://www.ipjustice.org/>
>>
>> ------------------------------------------------------------------------
>> [1] <x-msg://255/#_ftnref1> IP Justice is an international civil 
>> liberties organization that promotes balanced intellectual property 
>> rights and freedom of expression on the Internet 
>> http://www.ipjustice.org <http://www.ipjustice.org/>.IP Justice is a 
>> member of ICANN’s Non-Commercial Users Constituency (NCUC) 
>> http://ncdnhc.org <http://ncdnhc.org/>.
>>
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>> IP JUSTICE
>> Robin Gross, Executive Director
>> 1192 Haight Street, San Francisco, CA  94117  USA
>> p: +1-415-553-6261    f: +1-415-462-6451
>> w: http://www.ipjustice.org <http://www.ipjustice.org/>     e: 
>> robin at ipjustice.org <mailto:robin at ipjustice.org>
>>
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> IP JUSTICE
> Robin Gross, Executive Director
> 1192 Haight Street, San Francisco, CA  94117  USA
> p: +1-415-553-6261    f: +1-415-462-6451
> w: http://www.ipjustice.org     e: robin at ipjustice.org 
> <mailto:robin at ipjustice.org>
>
>
>
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