Introduction of Freedom of Expression Topic on SubPro IRT

[Sam Lanfranco]

I have two minor wording comments and a more substantive comment.


  1.  Wording comment: Maybe replace “when submitting an application” with “when applying”?
  2.  Should ‘evaluation...performed by independent third-party” specifically include the word “vendors” or just say “independent third-parties”?

Substantive comment: This text explains both ICANN’s respect for the freedom of expression and factoring that into the new GTLD proposal selection process.

This is not the place for a wider discussion, but it is worth remembering  that freedom of expression is at the core of the Universal Declaration of Human Rights (UDHR) and that ICANN has not really taken a position regarding a commitment to adhere to the principles of the UNHR in its work within its remit. ICANN did have a bit of a “skunk works on Human Rights” when stakeholder groups ran a Working Party (not Working Group) episode discussing Human Rights within the ICANN remit, There may be growing pressure for ICANN to be more declarative in this area going forward, Just a thought!

Sam Lanfranco


From: NCSG-Discuss <NCSG-DISCUSS at LISTSERV.SYR.EDU> On Behalf Of Juan Manuel Rojas
Sent: Monday, July 24, 2023 8:10 PM
To: NCSG-DISCUSS at LISTSERV.SYR.EDU
Subject: Introduction of Freedom of Expression Topic on SubPro IRT

Dear all,
As you already know some of us are working as a part of SubPro IRT, currently the WG is discussing about Predictability and for our next meeting (tomorrow 25th at 20 UTC) the Freedom of Expression is being introduced. As a team we would like to know what are your concerns with the writing of the following paragraph, having into account that is a Draft to start the discussion,:

"
Applicant Freedom of Expression - proposed AGB text
DRAFT AGB TEXT START

"ICANN respects the freedom of expression rights of applicants that are protected under internationally recognized principles of law. Applicants can apply for any available gTLD other than those restricted based on technical standards, pre-established reserved name lists, and other restrictions detailed in the AGB. Applicants should be mindful of limitations to free expression [hyperlink to LPI section] when submitting an application as detailed in the AGB. Applications are subject to an evaluation and objection process [hyperlink] as described in the AGB and will be unsuccessful should an applied-for string be found to violate
applicable laws or other rights and requirements specified in the AGB. The evaluation of applications, including decisions on objections, will be performed by independent third party vendors who will take into account freedom of expression considerations together with other relevant factors. Please see the relevant sections of this guidebook for more information on the evaluation [hyperlink] and dispute resolution process. [hyperlink]."

Excuse the timing but that draft was sent out until today. We will be waiting your observations at this topic.

JUAN MANUEL ROJAS P.
Director - MINKA DIGITAL Colombia
NPOC Policy Chair - NCSG/GNSO
Founding member - ISOC Colombia
Master IT candidate, UNAD
Registered Linux User No.533108.

Cel. +57 301 743 56 00
Instagram/Twitter: @JmanuRojas<http://www.twitter.com/jmanurojas>





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