[governance] Do We Need An Internet Zoning Law?

[Jeffrey A. Williams]

Roland and all,

Roland Perry wrote:

> In message <48BC8302.58E16D1E at ix.netcom.com>, at 17:04:18 on Mon, 1 Sep
> 2008, Jeffrey A. Williams <jwkckid1 at ix.netcom.com> writes
>
> >> A town (somewhere in the world, not in necessarily Texas) will close
> >> down a local business if it's illegal either:
> >>
> >> 1) because (as you point out) any business might be illegal without some
> >> sort of licence according to that town's rules or
> >
> >  Towns or states, or federal I believe you mean.
>
> I don't care how far up the food chain they made the rule, as long as
> they are also the people who enforce it.

  They are usually, unless the rules are actually regulations, than
other regulators, whom may be private contractors, are the
enforcers.

>
>
> >> 2) because (and this was my original point) despite the fact that any
> >> business *can* be started without a licence in that town [true in UK for
> >> example], some sorts of business are nevertheless illegal because of
> >> what they trade in.
> >
> >  Absolutely right but not complete. 2b.)  And if that "Trade" has
> >global reach than in accordance to USTR trade regulations, that
> >business would be subject to those rules/regulations/trade
> >agreements/extranious laws as well lets not forget.
>
> If that's a bid for USA rules to work extra-territorially, you are
> getting into tricky ground. Although on another list I'm told that
> Florida courts won't enforce a European judgement against [telephone]
> spammers based there (and operating in contravention to European law),
> so it doesn't seem to be much of a two-way street.

  No tricky ground what so ever.  Read the GATT or NAFTA trade
agreements for refrence.  That should take you about 5 or 6 days
each.  Understanding them takes a bit longer.  Certainly your correct
at times, too often IMO, there is no two way street.

>
>
> >> >Hosting as to local, again depends as to legality of content
> >> >available, on the country and state/province in which the actual
> >> >hosting is.
> >>
> >> Good, we agree. So enforce it there first, please.
> >
> >  Not entirely, but mostly.  Hosting only deals with location of a
> >DN based business, not it's reach on a global scale.  So enforcment
> >is both internal to a US state, and a national government as such
> >applies to existing trade agreements that may or clearly do apply,
> >unless that DN based business is technically restricted in such a way,
> >such as an extrAnet or IntrAnet that has no out of hosting country
> >ability.
>
> I'm having a lot of difficulty parsing that. The bottom line is this: if
> the business is illegal under some form of local (eg USA) law, then the
> first thing to do is have the local enforcers move in. If they can't
> enforce their own law in their own territory, then involving
> extra-territorial measures is unlikely to help.

  I sort of figured you would have a bit of a difficult time parsing the
difference in where a DN is hosted and the global reach of same.  I
tankfully don't suffer from that difficulty.  Nor do most government
officials.

  All countries, provinces/states, or local communities have continuing
problems enforcing their reletive rules/laws/regulations.  But if the
offender is persistant and insistant enough, enforcment will follow in
some form or another.

>
> --
> Roland Perry
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Regards,

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