[governance] Burr & Cade: proposal for introducingmulti-lateral oversight of the root

Milton Mueller Mueller at syr.edu
Thu Jul 27 18:16:02 EDT 2006


>>> "Parminder" <parminder at itforchange.net> 7/26/2006 6:01 AM >>>
>> Let's create a sharp distinction between the two.

>On the contrary, my opinion is that the sharp connection 
>between the two is obvious. 
>For example, is it at all difficult to see why US refuses to
relinquish
>control over RZF? 

 A humane and just global policy toward name and number resources will
not come about by one -- or 180 -- government(s) grabbing onto to a
centralized chokepoint and fighting over how to exploit its leverage. 
It will come when those govts -- and the public -- agree on what the
proper global policies are. Giving govts the power to mess with a
technical function like the RZF without _first_ coming to an agreement
on what policies will be applied to the Internet is dangerous and wrong.


>It is so obvious that if the issue was only technical it wont be
>difficult to reach an arrangement for supervisor of RTZ under a team
of
>international experts or some other expertise based arrangement. 
Everyone
>knows that behind the control of RTZ is hidden the issue of wider
political
>control over the Internet. And RTZ control is one way to exercise
such
>political control over Internet. US government has other controls as
well
>through its legal relationship with some IG related bodies. 

Thanks for repeating to me things I've been writing for 5 years. 

My objections to internationalizing the US's arbitrary power over RZF
modifications comes to this: Attempting to set policy by hanging on to
the ability to manipulate a file that ensures global interoperability is
not a good thiing. It is a dysfunctional, unhealthy and unconstructive
way to insert legitimate political interests into the process. 

Why should governments hide and distort their political objectives
under the cover of technically managing the RZF? How can they be given
power over such a critical resource when they have no idea what they
want to use it for? If governments can agree on globally applicable
public policies, let them do so. And let them enforce those public
policies on ICANN through more direct and legitimate means, such as
fines for misconduct, taking away the contract, or stronger penalties
for criminal breaches. Leave modification of the RZF to IANA. 

OTOH, if govts cant agree on global policies, let them get the hell out
of the process. IGP was for a long time advocating a framework
convention as a starting point precsiely for this reason. 

>I have heard a lot about how ICANN should be obligated to observe
>international law, should stick to all new and old international
treaties
>etc, but not much on how this can be ensured. Shall it be left to
ICANN's
>interpretation and its goodwill?

No, of course not. But does controlling the RZF prevent ICANN from
violating human rights, stealing, violating its own processes,
corruption, etc.? Please explain how. 

>Every higher political power exercises its political
>authority through reserving some powers of last resort. [snip]

But the RZF is the wrong target. Unless you support the exercise of
political authority for its own sake (which I sometimes think you do) I
don't see the point. It seems to me that what you really want is the
ability to take the IANA contract away from ICANN and give it to someone
else -- not the ability to review and approve technical modifications of
the RZF. Letting other govts share in the arbitrary, imperious US
oversight actually distacts attention from the real issues. 

>It is more important to have
>these powers in reserve, than use them often. Control over RTZ is seen
as
>one of such powers that enable exercise of political authority. 

Whose political authority? This is the other huge gap in your thinking.


>Whoever has legitimate political power over public policy issues
related to Internet 
>can only enforce it by having some powers of last resort over the
actual running
>of the infrastructure.

Who has legitimate political power over public policy issues related to
the Internet? 


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