Please Comment: Our Second Human Rights Impact Assessment on GAC Communique

Fri Sep 26 10:23:30 EEST 2025

Hi All,

Thanks so much. We finalized this and will ask Rafik to send it to GAC and
we will put it on NCSG.is

Farzaneh

On Tue, Sep 23, 2025 at 9:36 AM Michaela Nakayama Shapiro <
michaela.shapiro at article19.org> wrote:

> INTERNAL
>
> Dear Shiva,
>
>
>
> Thank you for your input on this topic. I would like to jump-in to add a
> few points to the discussion.
>
>
>
> *On 4. DNS Abuse Mitigation*
>
> As Farzaneh very helpfully noted, the NCSG is not opposed to DNS abuse
> mitigation. As noted at the top of the HRIA document, we are concerned with
> the GAC's emphasis on enforcement without outlining concrete human rights
> safeguards and accountability mechanisms for implementation. Our concern
> stems from how DNS abuse mitigation is being implemented rather than with
> the premise of DNS abuse mitigation, which we agree is an issue of priority
> for ICANN and implicates registrants' human rights.
>
>
>
> I also appreciate that in your position, you are handling complex and
> serious issues that must be addressed quickly and securely. The mentioned
> examples such as "gender-based crime" and "morphing of images" come
> precariously close to recommending that registries and registrars act as
> content moderators, which the NCSG opposes and which would also be in
> violation of Section 1.1(c) of ICANN's bylaws
> <https://www.icann.org/en/governance/bylaws>. In such cases, most
> registries would point law enforcement officials towards the actor of
> 'least impact,' starting with the hosting provider then working deeper into
> the internet 'stack.' This is because of the technical limitations in what
> registries and registrars can do: if they wish to block a particular
> activity or content, often their only recourse is to take down the entire
> domain name. This blunt force action should *only be taken as a last
> resort
> <https://www.article19.org/resources/icann-new-ceo-and-the-opportunity-to-reiterate-human-rights-commitments/>*.
>
>
>
>
> It should also be noted that suspending a domain does not remove the
> content from the internet: those disseminating such content can move to
> another domain. Similarly with DNS blocking, as noted in the recent SSAC’s recent
> report
> <https://itp.cdn.icann.org/en/files/security-and-stability-advisory-committee-ssac-reports/sac127-dns-blocking-revisited-16-05-2025-en.pdf>,
> the content itself typically remains available at the original IP address
> or through alternative domain names or protocols, meaning that "determined
> users" can still reach it using other means. As Farzaneh very eloquently
> summarized, the issues you cited—while clearly human rights issues—are not
> always best solved via the DNS, and doing so could further undermine human
> rights (such as through overblocking of legitimate content online).
>
>
>
> In sum, this is not to say that registries or registrars should never take
> action to prevent further dissemination of such content, but rather to
> emphasize that the burden of responding and addressing such issues is not
> (and should not be) within the purview of registries and registrars except
> in very limited cases.
>
>
>
> *On "1. Expanded Law Enforcement Access (RDRS)" 2. Urgent Requests for
> Disclosure" & "3. Accuracy of Registration Data"*
>
> Regarding the recommendations you put forward under "3. Accuracy of
> Registration Data," in my opinion, this is largely aligned with the NCSG's
> position: the NCSG also supports a definition of accuracy that "ensures
> contactability, not mandatory identity disclosure." This was highlighted in
> the session that the NCSG organized at ICANN on the HRIAs of law
> enforcement requests for data
> <https://icann83.sched.com/event/246XU/gnso-human-rights-impact-assessment-navigating-disclosure-of-domain-name-registrant-data>.
> This session also addresses concerns of expansion of law enforcement access
> and urgent requests for disclosure.
>
>
>
> --
>
>
>
> Lastly, we couldn't agree more on your position that "our collective
> responsibility is to find the right balance: protecting fundamental rights
> while ensuring that victims are not left helpless.” For the NCSG, finding
> that balance means ensuring that our considerations regarding protecting
> registrants' rights to freedom of expression online must be given equal
> weight as the interests of those working to address the very valid issues
> identified as within the scope of ICANN's DNS abuse definition (in full
> here <https://www.icann.org/dnsabuse>).
>
>
>
> We appreciate you providing us this feedback and comments, and I would be
> more than happy to discuss further.
>
>
>
> Best,
>
>
>
> Michaela
>
>
> *Michaela Nakayama Shapiro *(she/her/hers)
> Programme Officer - Censorship
> [image: Logo.png] <https://www.article19.org> Defending freedom of
> expression
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> ------------------------------
>
> *From:* NCSG-Discuss <NCSG-DISCUSS at LISTSERV.SYR.EDU> on behalf of Johan
> Helsingius <00001963cc94b85a-dmarc-request at LISTSERV.SYR.EDU>
> *Sent:* 23 September 2025 13:13
> *To:* NCSG-DISCUSS at LISTSERV.SYR.EDU <NCSG-DISCUSS at LISTSERV.SYR.EDU>
> *Subject:* Re: Please Comment: Our Second Human Rights Impact Assessment
> on GAC Communique
>
>
>
> On 23/09/2025 03:43, farzaneh badii wrote:
> > I don’t think it’s accurate to say we’re “one-sided.” Our role isn’t to
> > constantly compromise to appear “balanced.” Our role is to hold the line
> > on rights. That’s the contribution we make in this system.
>
> Indeed. GNSO as a whole should be balanced, but we help provide that
> balance by defending human rights against other interests. In doing
> that, we are pragmatic and try to find workable solutions.
>
> > I will make it clear in our HRIA that we are not against DNS abuse
> > mitigation and debunk that myth.
>
> Great!
>
>         Julf
>
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