[governance] Study on ICT self- and co-regulation
Jonathan Cave
j.a.k.cave at warwick.ac.uk
Mon Sep 8 06:41:01 EDT 2008
Thanks for this.
Sorry for the language - occupational hazard. I'm
not sure what you are saying - it seems that you
see problems with any form of governance per se
with the possible exception of direct democracy.
Even so, some arrangements work better than
others in reconciling and advancing collective
and individual interest (and the many overlapping
group interests that come and go in between these
extremes). The final report also draws attention
to forces that can restrain both the internal
weaknesses of these organisations and their
vulnerability to capture, corruption or
irrelevance. Two are competition among different
(self-, co-, and formal) regulatory bodies and
informed choice (to participate and/or comply).
There's lots of self-reg around outside the ICT
domain - e.g. medicine, financial services, law,
accountancy, etc. Not all of these fail, and not all the time.
Of course, it may be that your objection is not
to the "regulation" part but the "self" part. "We
the people" seems to turn anything the (US)
government does into 'self' regulation - except
when it (or its 'self-regulatory' dependent
bodies - I name no names) tries to regulate beyond its borders.
So, could you be a bit more specific about what you object to:
* regulation in principle
* regulation by an industry group of its own
members' actions (codes of conduct)
* regulation by an industry group of other
members of the industry (standards)
* regulation by an industry of others'
actions (e.g. insurance companies'
'self-regulation' of claimants and policyholders)
* regulation by a multistakeholder forum
* 'walled garden' controls placed on
subscribers and affiliated content providers by vertically-integrated ISPs
* etrc.?
Thanks,
J.
Sent from my BlackBerry® wireless device
At 00:47 07/09/2008, Jeffrey A. Williams wrote:
>Ecase and all,
>
> Good political language used in your response here. But hardly
>clarifies my concern and other remarks to the extent of what and
>how individuals would be effected or otherwise required to
>comply. Ergo, more general language would be preferrable,
>and yet again I still fully assert that self regulation or co-regulation
>doesn't work, and never has for any significant period of time.
>
> Although I prefer self regulation of an individual basis, I dispise
>it on a collective basis or organizational basis unless of course
>I personally agree with whatever regulation that may apply! >:)
>
> Governments as you know from your own countries history,
>as with mine, rarely always adhere to their own regulations, and
>in some instances some certain exepmtions to such regulation is
>granted or otherwise "Understood". Same is even more true for
>NGO's or other advocacy oriented groups.
>
>ecsae at mail.csv.warwick.ac.uk wrote:
>
> > Two comments, if I may: the purpose of the
> study was to help the EC to take self- and
> co-reg into account in future ex ante
> evaluation, impact assessment and policy
> formation, not to comprehensively survey or
> evaluate the status quo, so ITU and other
> specific stakeholders - even important ones -
> are not all there. The intent was rather to use
> the cases to indicate the range of initiatives
> and the classes of things the EC should consider.
> >
> > Second, we strongly support wide partcipation
> and the need for standing and voice to
> encourage useful engagement, but recognise both
> the tension between wide participation and the
> efficacy of the organisation (relevance,
> coherence and levels of compliance) and the
> potential of such platforms to encourage
> strategic or collusive behaviour, to further
> hidden agendas or to use self-reg to create
> "Potemkin regulators" in order to pre-empt real
> action - intentionally or otherwise.
> >
> > J.
> >
> > Sent from my BlackBerry® wireless device
> >
> > -----Original Message-----
> > From: "Jeffrey A. Williams" <jwkckid1 at ix.netcom.com>
> >
> > Date: Fri, 05 Sep 2008 14:40:25
> > To: <governance at lists.cpsr.org>
> > Subject: Re: [governance] Study on ICT self- and co-regulation
> >
> > Hakikur and all,
> >
> > Institutions are often times out of touch with users. Self regulation
> > or Co-regutlation if in order to be reflective, effective, and useful
> > must have at it's base, the approval of individual users. Therefore
> > individual users, must have a direct input and determination of the
> > process for developing such regimes or whatever regulation policies
> > are to be set, or otherwise imposed. The will of the governed must
> > prevail.
> >
> > Hakikur Rahman wrote:
> >
> > > Dear Adam,
> > >
> > > Thank you for sharing an important document with the list. As a
> > > researcher in this field, I find it valuable. However, regarding
> > > infrastructure and standards setting I do not see much of ITU's role
> > > in the case study. Perhaps, I may have missed it, or the case studies
> > > included only the mentioned institutions.
> > >
> > > Best regards,
> > > Hakik
> > >
> > > At 07:47 PM 9/5/2008, Adam Peake wrote:
> > > >Hi,
> > > >
> > > >The European Commission recently published a study assessing the
> > > >efficiency, effectiveness and sustainability of ICT self- and
> > > >co-regulation initiatives. The study was led by RAND Europe (Chris
> > > >Marsden <http://chrismarsden.blogspot.com/>)
> > > >
> > > >The study is available from European Commission
> > > ><http://ec.europa.eu/dgs/information_societ
> y/evaluation/studies/s2006_05/index_en.htm>
> > > >
> > > >
> > > >The study consists of two main parts: a mapping exercise that
> > > >examines existing regulatory and co- and self-regulatory
> > > >institutions and identifies "candidate" case studies for closer
> > > >analysis. And a second phase report providing the results of 21
> > > >short case studies. Case studies were presented in four groupings:
> > > >
> > > >Internet Infrastructure and Standards (ICANN, Nominet, IETF, W3C, ICRA)
> > > >
> > > >Internet Self- and Co-Regulation (IWF, INHOPE, EuroISPA, KJM, FSM)
> > > >
> > > >Content and Filtering/Rating (ICSTIS, IMCB, NICAM, PEGI, ATVOD)
> > > >
> > > >Emerging Self Regulation Areas (SecondLife, Creative Commons, Social
> > > >Network: Bebo, Trustmarks, London Action Plan, IGF)
> > > >
> > > >Total of all phases about 1300 pages.
> > > >
> > > >A clear conclusion of the report is that robust self-and
> > > >co-regulatory organisations only develop where their design and
> > > >dynamics take a multi-stakeholder approach as their basic principle.
> > > >
> > > >Parts already seem dated and it wasn't
> written too long ago (3rd qtr 2007).
> > > >
> > > >Adam
> > > >____________________________________________________________
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> > Regards,
> >
> > Spokesman for INEGroup LLA. - (Over 281k members/stakeholders strong!)
> > "Obedience of the law is the greatest freedom" -
> > Abraham Lincoln
> >
> > "Credit should go with the performance of duty and not with what is
> > very often the accident of glory" - Theodore Roosevelt
> >
> > "If the probability be called P; the injury, L; and the burden, B;
> > liability depends upon whether B is less than L multiplied by
> > P: i.e., whether B is less than PL."
> > United States v. Carroll Towing (159 F.2d 169 [2d Cir. 1947]
> > ===============================================================
> > Updated 1/26/04
> > CSO/DIR. Internet Network Eng. SR. Eng. Network data security IDNS.
> > div. of Information Network Eng. INEG. INC.
> > ABA member in good standing member ID 01257402 E-Mail
> > jwkckid1 at ix.netcom.com
> > My Phone: 214-244-4827
> >
> > ____________________________________________________________
> > You received this message as a subscriber on the list:
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>
>Cheers,
>
>Spokesman for INEGroup LLA. - (Over 281k members/stakeholders strong!)
>"Obedience of the law is the greatest freedom" -
> Abraham Lincoln
>
>"Credit should go with the performance of duty and not with what is
>very often the accident of glory" - Theodore Roosevelt
>
>"If the probability be called P; the injury, L; and the burden, B;
>liability depends upon whether B is less than L multiplied by
>P: i.e., whether B is less than PL."
>United States v. Carroll Towing (159 F.2d 169 [2d Cir. 1947]
>===============================================================
>Updated 1/26/04
>CSO/DIR. Internet Network Eng. SR. Eng. Network data security IDNS.
>div. of Information Network Eng. INEG. INC.
>ABA member in good standing member ID 01257402 E-Mail
>jwkckid1 at ix.netcom.com
>My Phone: 214-244-4827
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