[hrpc] Draft association : Extended litterature review

[Stéphane Couture <[e-mail]>]

Dear all,

I'd like to finally send you - in odt format, not on github (sorry for
this) - the work I did in expanding the literature review on draft
association. Thank you  Mallory for a the few working sessions we had in
the last weeks on this, and to Melinda Shore for converting the document in
Word and all other who discussed with me before (Niels and Avri, notably)

At this point, I'd like to pass the responsibility of the draft to someone
else as I have difficulties bringing this draft to another step, both
because of lack of time and lack of vision on how to proceed from there
while keeping the "spirit" of the initial draft.

In this document, I am only sending you the first part of the draft
(literature review), which is the part I worked. My approach was to start
with what exists in the literature review, and then raise questions that
are relevant to IETF and protocol development more broadly. The section on
"Cases and examples" is not included in this document, as I did not work on
it, and still don't know what to do with it. In particular, I feel it is
not aligned with the questions raised by the literature.

One important thing in this document is that we tried (again) to change the
central question. It is now : "*What are the considerations of the right to
freedom of assembly and association for protocol development?*", which
seems more aligned to the research group title. The original question was
"How does the architecture of the internet enable and/or inhibit the right
to freedom of assembly and association?". I think these two questions
do not orient us exactly to the same analysis, something that I feel might
be important to note.

And here are other questions I felt were raised from the literature review.
Maybe just raising the questions could be a good contribution in itself...

1. As a general matter, what are the features of protocols that enable
freedom of association and assembly? Can protocols facilitate agency of
membership in associations, assemblies and interactions? Where in the stack
do we care for FAA?

2. Does protocol development sufficiently consider the enabling of freedom
of association without discrimination as to race, colour, national, ethnic
origin?

3.  Does protocol development sufficiently consider usable and accessible
formats and technologies appropriate for persons with different kinds of
disabilities?

4.  Is it possible to distinguish “peaceful” and “non-peaceful” association
from the perspective of protocol development? If yes, can and should
protocols be designed to limit “non-peaceful” association?

5. In particular, should protocols be designed to enable legitimate
limitations on association in the interests of “national security or public
safety, public order, the protection of public health or morals or the
protection of the rights and freedoms of others”, as stated in the ICCPR
article 21?

6. Can a protocol be designed to legitimately exclude someone from an
association?

7. In general, what kind of human rights impact assessments should be made
to incorporate the rights to freedom of peaceful assembly and of
association when developing protocols, as recommended by SpecialRapporteur
on the rights to freedom of peaceful assembly and of association.

I hope this would be helpful,

Best,

Stéphane