Comments on behalf of Namibian Network Information Centre (Pty) Ltd

[Dr Eberhard W Lisse <el@xxxxxxxx>]

I am Managing Director of Namibian Network Information Center (Pty)
Ltd, the country code Top Level Domain (“ccTLD”) Manager of .NA. I
created .NA and have 25 years uninterrupted service and corresponding
experience as the ccTLD Manager for .NA.

I wish to comment as follows:

While I think that the current Expected Standards are not in need of
revision, I am not opposed to the proposed revisions, per se.

However the proposed additional section, quoted hereafter for
reference:

        Respect all members of the ICANN community equally and behave
        according to professional standards and demonstrate
        appropriate behavior.  ICANN strives to create and maintain an
        environment in which people of many different backgrounds and
        cultures are treated with dignity, decency, and respect.
        Specifically, participants in the ICANN process must not
        engage in any type of harassment.  Generally, harassment is
        considered unwelcome hostile or intimidating behavior -- in
        particular, speech or behavior that is sexually aggressive or
        intimidates based on attributes such as race, gender,
        ethnicity, religion, age, color, national origin, ancestry,
        disability or medical condition, sexual orientation, or gender
        identity.


needs refinement.


The reference to "professional standards" is not applicable.

        Generally professional standards pertain only to a profession
        regulated by STATUTE, such as Lawyer, Medical Practitioner but
        not Computer Scientist.

        Usually a Council or Association is established or empowered
        by law to define acceptable standards of conduct (make
        regulations) and enforce these, with differing standards for
        review.

        This is not the case within ICANN and the multi-stakeholder
        process.


The reference to "appropriate behavior" is vague, as it may differ
significantly between cultures and jurisdictions.

        It may be unacceptable in some cultures or jurisdictions to
        request someone to make a cheese sandwich, however in most it
        is perfectly acceptable.

        It may be acceptable in some cultures to refuse a hand shake
        on (for example) gender basis, but in most it is not.


The reference to "unwelcome hostile or intimidating behavior" is
poorly drafted.

        Though it is unlikely that the answer to intimidation is "You
        are welcome", it needs to be clear, what is meant exactly:

                unwelcome AND hostile behavior

                or

                unwelcome AND intimidating behavior

        or

                unwelcome behavior,

                or

                hostile behavior

                or
                
                intimidating behavior

        "unwelcome behavior" in itself is by by no means harassment,
        and outlawing unwelcome criticism of other and/or their
        statements or actions has the potential to undermine the whole
        multi-stakeholder processes.

I have some serious issues with defining "speech" as even being
possibly "intimidating".

        Freedom of Speech is important and must be overriding.

        In particular since most communication within the ICANN
        multi-stakeholder process is performed via email and it is
        most simple to arrange for persistent offenders to be
        suspended or removed from mailing lists or if direct email is
        being used to be filtered.

"Harassment" is characteristically repetitive.

"Intimidation" is a particular, (differently) defined behavior, and
thus the proposed revision does not achieve its purpose.

Hence, I propose redrafting of the proposed additional section.

greetings, el

-- 
Dr. Eberhard W. Lisse  \        / Obstetrician & Gynaecologist (Saar)
el@xxxxxxxx            / *     |   Telephone: +264 81 124 6733 (cell)
PO Box 8421             \     /
Bachbrecht, Namibia     ;____/