[governance] Beyond the charter, rules of posting

[Sivasubramanian Muthusamy]

Hello Coordinators, Moderators and Members of the Caucus,

The discussion on list behavior has dominated discussions here for the last
few weeks. This happens to be a microcosmic representation of the larger
issue of Internet Governance. The issue is a Participation issue, it is a
Freedom of Expression against Censorship issue, Rights and Privileges issue
- it is an overall Governance issue.

We need to go beyond simple solutions such as a 5 messages per member per
day to tackle this issue. The Charter or the Rules of Posting are broad
indications of what the list is meant for and how it would function. The day
to day functions are more 'governed' by implied obligations, conventions and
etiquette.

If someone confirms to 5 messages per day limit but talks nonsense, then he
or she is violating the fundamental norms. If someone confirms to the
language and expression guidelines but happens to be posting acceptably
worded nonsense, then he or she is violating the norms of the list. What is
important is to determine if the participant shows evidence of understanding
about the importance and significance of the list.

Fifteen years ago US Consulate in Chennai had a one page leaflet outlining
the process of decision for a VISA. It said something that amounted to
APPROXIMATE HINTS on what the Consulate was looking for. It said we may look
for evidence that the applicant has more reasons to return to India than to
extend his stay. Proof of Income or Property papers or evidence of
employment, or evidence of family commitments - everything could help the
VISA officer decide that the applicant would limit his stay in the United
States and not become an illegal immigrant. The leaflet said, *"We can't
tell you what we are looking for, but we need to be convinced that ...
"*[the applicant would not become an illegal immigrant.] So, the
Consulate was
not asking for anything specific - there were no rules that a visa
application has to have a statement of income or a marriage certificate as
attachments. If someone could step in without even an Invitation Letter or a
clear travel itinerary but could impress the VISA officer that he or she is
respectable and would return back to India after two or three weeks, the
officer had the freedom to grant the VISA. If someone else applied for VISA
with exhaustive paperwork with letters from sponsors etc., all of which
looked very good as paper work, but if the VISA officer didn't get the
impression that the applicant would return, the officer had all the freedom
to reject the application.

The arbitrariness granted to the Consulate Offices could always be abused.
But the reality of the situation is that no country can afford a visa
process that is reduced a set of rigid rules. If any country says "show me a
bank statement with ten thousand dollars available for your travel, show me
a round trip ticket and show me an invitation letter, and your visa will be
granted automatically", any one can create a deceptive initial appearance
and there would be chaos every where BECAUSE it is all by rules, and rules
are rigidly followed.

The point is only about the need for judgment in the absence of rules or
precedent situations. If Milton Mueller posts six messages on a certain day
it is not even necessary to send him a gentle mail informing him of the
count. If Ginger writes a few lines with a new thread headline to say
something light about a movie that she watched last night, we all understand
that this rare and wouldn't raise objections or protest that it does not
confirm to the rules of posting. On the contrary if someone destructive
posts five message PER MONTH and one line, or one word in any of these
messages happens to be intentionally destructive and motivatedly goes
against the essential principles, then he or she could be unsubscribed.

If the coordinator/moderator's decision is right, the list can always
understand that the situation beyond the provisions of the charter, beyond
rules and guidelines.

What the list now needs is judgment.


Sivasubramanian Muthusamy
India.
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