<div>Dear JFC,</div>
<div> </div>
<div>I agree that there should be dialogue.</div>
<div> </div>
<div>In countries where governance mechanisms are tested at its seams (political challenges) and where there is no clear separation of powers, these sorts of development in law can be detrimental to governance in general.</div>
<div> </div>
<div>The Commissioner of Inland Revenue during this period passed a fiscal reform and this was challenged in <em>Koroi v Commissioner of Inland Revenue</em> [2001] FJHC 138; HBC0179.2001 (24 August 2001). Justice Gates ruled that substantive legislative reform was for Parliaments and not for caretaker governments.</div>
<div> </div>
<div>Exactly 7 years later this perspective was reversed, following the 2006 Military Coup D’ Etat, the Judges (learned Justice Gates, Byrne and Pathik ruled in <em>Qarase v Bainimarama</em> [2008] FJHC 241; HBC 60.2007S; HBC 398.2007S (9 October 2008) ruled that Justice Gates’s approach was narrow. This provided the necessary authorization and licence for an Interim Administration to pass substantive legislative reform. </div>
<div> </div>
<div> </div>
<div>There are numerous laws affecting Internet Governance and ICT development that cannot be questioned in court (this is encoded within the promulgations) and there is a greater threat to lack of transparency and consultations. Fortunately, in Fiji, there is strong committment expressed by the Interim Administration to exercise collaboration and consultations in the development of policies and laws.</div>
<div> </div>
<div>Warm Regards,</div>
<div> Sala</div>
<div> </div>
<div class="gmail_quote">On Tue, Mar 22, 2011 at 2:43 AM, JFC Morfin <span dir="ltr"><<a href="mailto:jefsey@jefsey.com">jefsey@jefsey.com</a>></span> wrote:<br>
<blockquote class="gmail_quote" style="PADDING-LEFT: 1ex; MARGIN: 0px 0px 0px 0.8ex; BORDER-LEFT: #ccc 1px solid">Dear Salanieta,<br><br>the point you raise is extremely important for us all. The recent political unrest and changes in Arabic countries show that the digital network, practices and availability belonged to the blood and flesh of every country. This is the same as justice, liberty, human rights.<br>
<br>This is why we need a 33rd articles in HR to deal with this aspect. This article will probably forged in the coming national constitutions. It should probabl (basy deal with the right to digitally exists (a person centric information society), to own digital goods (author's rights [different from business copyroghts], sites, address, domain name, privacy protection, referents, etc.), the right to send (the right to encrypt), the right to freely receive only what we want (netneutrality, spam, advertizing, intox), and the right to associate, supported by short-term agreement and contracts (operance and netiquette), mid-terms rules and laws (governance and cultures), and long-term architectural constitution (adminance and civilizations) at person's intelligent digital use level.<br>
<br>Also, the way these things developped show that democracy is out. Democracy is based upon one man one vote. When the President wants, the way Banks permit. The network has introduced a new society and a new kind of state based upon dedication, competence, direct influence of everyone, shared responsibility, consensus, etc. where people ca directly relate tpgether and with the rest of the world; This is a new form of societal government one can call polycracy. Based upon soubsidiarity and suppleance, national diversity and unity. The Internet State is underway, which will progressively the Guttemberg State, with everyone's access to the law. A different brand new world even if the increase in the price of the crude and other motivations made m the FED empire to help. This goes much further than that.<br>
<br>Also, an independant grassroot communication network technology, independent from the ISP infrastructure (based on wifi, optical local meshed network, telephone vacation, high compression techniques, FEC for one shot forwarding, etc.) could be a citizen, lilitary, survival task.<br>
<br>Best<br><font color="#888888">jfc</font>
<div>
<div></div>
<div class="h5"><br><br><br><br>At 19:03 20/03/2011, Salanieta T. Tamanikaiwaimaro wrote:<br></div></div>
<blockquote class="gmail_quote" style="PADDING-LEFT: 1ex; MARGIN: 0px 0px 0px 0.8ex; BORDER-LEFT: #ccc 1px solid">
<div>
<div></div>
<div class="h5">Dear List,<br><br>I woke up this morning through the TV (forgot to switch it off last night) to a debate in Egypt on Aljazeera where a Panel of 3 were arguing about:-<br><br>1) where they should have immediate elections;<br>
2)whether they should wait for a year or two before elections;<br>3)Who should re-write the constitution;<br>4)Within the referendum whether s.2 of the old constitution would be revised (ie. Muslim country or not)?<br><br>
As they were debating the issues, one of the panelists described that the numerous laws and constitution format and contents were not developed by the Egyptian people but by a select few. How does one develop a Political System (Machinery) in a country that has never experienced one before.<br>
<br>What are the implications for Internet Governance? In light of the Decree which disempowered the Telcos in Egypt against judically reviewing administrative decisions when they were ordered to stop transmitting the Internet, it will be interesting to see developments within their constitution as it will have a direct correlation on issues of internet governance in Egypt.<br>
<br>Regulatory contexts directly impact on behaviour of operators in any jurisdiction. Whilst countries may have different political structures and systems, at the end of the day, the international norms and standards countries ratify or accede will determine national internet governance contexts.<br>
<br><br><br>Warm Regards,<br>Sala<br><br></div></div>
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