[governance] please read: APC text on Forum function

[Laina Raveendran Greene]

Perhaps Milton, we could spell the problem we are trying to fix rather than
giving the answer outright. Given the public, private international law,
versus softlaw, versus application of international law by each country is
different (ie some countries require ratification by congress or something
before international law becomes applicable in their countries, etc) so it
is not as easy as to say "binding int'l agreements". I agree however the
issue is an important one and is the main cause of the "ruffle". How to make
ICANN  transparent, accountable and legitimate with universal participation.

Laina 

-----Original Message-----
From: governance-bounces at lists.cpsr.org
[mailto:governance-bounces at lists.cpsr.org] On Behalf Of Milton Mueller
Sent: Thursday, September 29, 2005 5:45 PM
To: wdrake at cpsr.org; wdrake at ictsd.ch
Cc: governance at lists.cpsr.org
Subject: Re: [governance] please read: APC text on Forum function

No, you are wrong I think. The "binding international agreements" could
serve to protect end to end and openness from interference, mostly by
governments, just as human rights agreements protect people from
interference with rights. That is not anything like an "oversight Council"
which stands above ICANN/or other Internet administrators and providers and
decides where to intervene. Perhaps the language needs to be clarified, and
its implications thought out more, but APC statement seems to me to be
merely repeating the advice some of us offered that the Forum needs to focus
on getting negotiated principles in place. The Forum does not have the
negotiation power, but could serve as a preparatory process where things are
discussed, and then taken into other forums. In fact, that could happen
whether a statement says so or not.

>>> wdrake at cpsr.org 09/29/05 11:21 AM >>>
The problem is not the invocation, the problem is this:

"In the context of the evolving public and technical policy landscape of the
Internet there will be a need to concretize binding international
agreements...The forum should monitor this evolving landscape with a view to
the initiation of a process to concretize such international agreements."

This is no fly territory to the US, business, and probably other OECD
governments.  Creeping council...

BD

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