Re: [ga] lawyer Joe Sims to John Gilmore: "Doesn't have a clue" or ICANN must go!

[Kent Crispin <kent@songbird.com>]

On Wed, Jul 03, 2002 at 11:13:25PM -0700, Sandy Harris wrote:
> > original ICANN bylaws, but that "they" ignored EFF's suggested
> > wording changes to fix what it saw as a lack of accountability.
> 
> There's an archive of EFF papers on DNS issues at:
> http://www.eff.org/GII_NII/DNS_control/
> 
> with a subdirectory for ICANN?IANA/IAHC stuff:
> http://www.eff.org/GII_NII/DNS_control/ICANN_IANA_IAHC/
> 
> EFF did prpose some revised bylaws:
> http://www.eff.org/GII_NII/DNS_control/ICANN_IANA_IAHC/19980923_eff_new_iana_bylaws.html
> 
> > I have a very distinct recollection of those proposed changes,
> 
> Too bad it is innaccurate.

Looks pretty accurate to me.

> > and of at least one
> > conversation with Gilmore on them; the particular provision
> > that sticks out in my mind from the suggestions was his proposal
> > that the ICANN bylaws incorporate the United Nations
> > Declaration of Universal Human Rights.
> 
> You're likely thinking of this paper:
> http://www.eff.org/GII_NII/DNS_control/19980323_eff_ntia.comments
> 
> As I read it, it suggests the net should have guarantees of free
> speech at least as stromg as the UN UDNR, but does not suggest
> incorporating that document.

Much more likely that Joe is thinking of article 13 of the eff version 
of the bylaws which you reference above:

  ARTICLE XIII: PROTECTION OF FUNDAMENTAL HUMAN RIGHTS

    Comment: As the administration of domain names, addresses, and
    technical parameters of the Internet moves out from under direct
    Government involvement, constitutional protections for human rights
    would be lost unless they were specifically incorporated. 
    (Governments are bound by their constitutions and treaties; private
    entities are not, unless they voluntarily do so).  This Article
    protects human rights, including free expression, in a way that was
    agreed to in 1948 by the General Assembly of the United Nations.  As
    we approach the 50th anniversary of international agreement on this
    document, we think the UN formulation of these rights is a useful
    point around which to form consensus.  You can read the UN Universal
    Declaration of Human Rights at
    http://www.unhchr.ch/html/menu3/b/a_udhr.htm

  The Internet is an international network of networks, owned by no
  nation, individual, or organization.  The oversight of domain names,
  protocols, and other public benefits relating to the proper
  functioning of the Internet is a public good administered in trust for
  the benefit of an international community. 

  The Corporation shall pursue its mission consistent with the values
  articulated by the United Nations Universal Declaration of Human
  Rights (adopted and proclaimed by General Assembly resolution 217 A
  (III) of 10 December 1948), and, in particular, the freedom of
  expression values stated in Article 19 of that Declaration, to wit:
  "Everyone has the right to freedom of opinion and expression; this
  right includes freedom to hold opinions without interference and to
  seek, receive and impart information and ideas through any media and
  regardless of frontiers."

You will doubtless quibble over semantics, but the phrase "The
Corporation shall pursue its mission consistent with the values
articulated by the United Nations Universal Declaration of Human Rights"
effectively incorporates the document. 

-- 
Kent Crispin, Technical Systems Manager, ICANN            crispin@icann.org
"Be good, and you will be lonesome."  -- Mark Twain       kent@songbird.com


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