[NCSG-PC] Description and agenda for ncsg human rights session

[farzaneh badii]

Hi All

This is for the thematic ncsg but we want hria in the title at the moment
it says NCSG thematic session. I probably crammed too many things. We see
what the crowd wants to discuss more. But we have 90 mins and I think we
can fit both topics.


NCSG Human Rights Impact Assessment: Safeguards and Remedies Within ICANN:
DNS Abuse Mitigation and Law Enforcement Authentication

As ICANN’s contractual frameworks and policy development processes evolve,
the human rights implications of technical and procedural decisions demand
equal urgency. This interactive session examines what happens to
registrants and end users when we don’t have adequate safeguards and
remedies.


We open with DNS abuse mitigation as our grounding example. The Associated
Domain Check mechanism illustrates the problem: a single abusive domain
might trigger an investigative sweep across an entire registrant portfolio,
exposing domains held on behalf of activists, independent media, or
vulnerable communities to suspension or collateral harm, without those
registrants ever having done anything wrong. Association is not
confirmation. We will examine what must limit the scope of ADC
investigations, what should never trigger one, and what remedy looks like
when the mechanism is weaponized through bad-faith reporting designed to
suppress legitimate speech.

If we get the time, Hijacked domains anchor this section as the hardest
case: what recovery looks like when there are no safeguards, when hijacked
domains are not recognized as a form of DNS abuse and there is no
functioning remedy pipeline.


We then turn to the deeper structural question those examples expose: law
enforcement authentication. Registries and registrars are being asked to
respond to requests from law enforcement agencies for nonpublic
registration data, including under urgent request procedures, without
standardized, rights-respecting authentication mechanisms in place. The
SSAD Supplemental Recommendations Team is now discussing this. But the core
questions remain unanswered: which jurisdictions’ law enforcement
qualifies, who decides, what transparency and accountability obligations
attach, and what safeguards and remedies protect registrants from
authentication mechanisms being used against them by state actors.




0:00 – 0:10 — Framing

What does a rights-respecting ICANN policy look like?


0:10 – 0:40 — Safeguards and Remedy at ICANN


• ADC scope

• Safeguards in investigations

Remedy

• Discussion: 20 minutes


0:40 – 1:10 — Law Enforcement Authentication: Safeguards and Accountability


• The SSAD Supplemental Recommendations Team

• Which agencies qualify, who decides, on what terms

• Transparency and accountability obligations

• Protecting registrants from authentication mechanisms used against them

Safeguards and remedies

• Discussion: 10 minutes


1:10 – 1:30 — Synthesis and Takeaways


Farzaneh
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