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

[Sandy Harris <sandy@storm.ca>]

Kent Crispin wrote:
> 
> On Wed, Jul 03, 2002 at 11:13:25PM -0700, Sandy Harris wrote:

Joe, paraphrasing Gilmore:

> > > original ICANN bylaws, but that "they" ignored EFF's suggested
> > > wording changes to fix what it saw as a lack of accountability.

me:
> > EFF did prpose some revised bylaws:
> > http://www.eff.org/GII_NII/DNS_control/ICANN_IANA_IAHC/19980923_eff_new_iana_bylaws.html

Joe:
> > > I have a very distinct recollection of those proposed changes,
> > > 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.

This is of course a red herring. Gilmore is discussing other wording
changes, the ones about accountability.

Me:
> > 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.

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

Kent is very likely correct in pointing to this document.

>   ARTICLE XIII: PROTECTION OF FUNDAMENTAL HUMAN RIGHTS
> 
>   The Corporation shall pursue its mission consistent with the values
>   articulated by the United Nations Universal Declaration of Human
>   Rights ... 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.

There are several points to look at here:

One: This is still a red herring; it does not directly relate to the
issue of ICANN accountability, the issue Gilmore was raising.

Two: We certainly do need to ensure that ICANN policies are on the
side of openness and human rights, not of censorship and repression.
Pointing to the UN UDHR seems a valid way to state that concern.

Three: Why object to deriving principles from a UN document? If
direct participation by WIPO is legitmate, surely this is.
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