[governance] Where are we going?

[Michael Froomkin - U.Miami School of Law]

I understand why you would say that.  But here's why I'm much less certain 
about the lack of importance of mere regulation of business models than 
you are:  I believe that it is very important to enforce (create) the idea 
that ICANN's job is purely technical.  Once we accept that it *can* 
regulate business models we've in a sense lost our virginity and anything 
-- including content -- might come next.

This is not fanciful.  Consider the extraordinary push by the copyright 
interests here in the USA.  Just this week they are pushing a bill in 
California to basically let them break into any  computer that they think 
has been used to breach a copyright.   Imagine what they might try to get 
up to in the DNS.  I'd rather not even have that debate.

So the "mere" regulation of business models is in fact -- in my view -- a 
Big Deal for the precedent it sets.


On Mon, 9 Apr 2007, Raul Echeberria wrote:

>
> What i say is that this issue is less important than it seems. If we are 
> talking about freedom of expression, so, it is very important, but if we are 
> only talking about market regulation, so, the imporance of this issue is 
> different.
>
> Raúl
>
>
> At 10:48 p.m. 08/04/2007, Michael Froomkin - U.Miami School of Law wrote:
>> But why, in this case, is that position (whether "ultra-liberal" or as I 
>> would say, rather conservative) a bad one?  Isn't decentralized decision 
>> making (subsidiarity) a Good Thing in this (and most) cases?
>> 
>> On Sun, 8 Apr 2007, Raul Echeberria wrote:
>> 
>>> At 11:56 a.m. 08/04/2007, Milton Mueller wrote:
>>>> Izumi:
>>>> You said:
>>>> "...a [new GTLD proposal] should be put in place
>>>> only when there is a strong consensus by the community."
>>>> Please conduct the following thought experiment. Substitute for the
>>>> word "new gTLD proposal" any other internet business in your statement.
>>>> Then you will understand why I am horrified by the attitude you are
>>>> expressing.
>>> 
>>> 
>>> It is very consistent with your ultra liberal position.
>>> Nobody can say that you are not coherent.
>>> 
>>> 
>>> Raúl
>>> 
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>> 
>> --
>> http://www.icannwatch.org   Personal Blog: http://www.discourse.net
>> A. Michael Froomkin   |    Professor of Law    |   froomkin at law.tm
>> U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA
>> +1 (305) 284-4285  |  +1 (305) 284-6506 (fax)  |  http://www.law.tm
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>
>

-- 
http://www.icannwatch.org   Personal Blog: http://www.discourse.net
A. Michael Froomkin   |    Professor of Law    |   froomkin at law.tm
U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA
+1 (305) 284-4285  |  +1 (305) 284-6506 (fax)  |  http://www.law.tm
                        -->It's warm here.<--____________________________________________________________
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