Competition ? Re: [governance] is icann an institution?

Mon Sep 21 14:53:51 EDT 2009

Paul and all,

  Of course I completely agree.  Unfortunately there are some amongst
us and our fellow colegues that would prefer something different that
would implicitly suggest and/or require that our rights and duties be
delegated without our foreknowledge or expressed permission to some
loosly defined body of so called "Wise Men" for reasons that may or may
not be in any or most individuals bests interests.

-----Original Message-----
>From: Paul Lehto <lehto.paul at gmail.com>
>Sent: Sep 21, 2009 10:50 AM
>To: governance at lists.cpsr.org, "Dr. Francis MUGUET" <muguet at mdpi.net>
>Cc: Milton L Mueller <mueller at syr.edu>, "WSIS Civil Soc. WG on Information Networks Governance" <gov at wsis-gov.org>
>Subject: Re: Competition ? Re: [governance] is icann an institution?
>
>The "liberal and democratic freedoms" do not need to (as Milton
>Mueller put it) get "IN TOglobal governance of the Internet," (my
>CAPS) if by "IN TO" one means an introduction or a planting or a first
>time "reform."
>
>These rights/freedoms already exist, and they exist globally, by
>treaty, universally applicable international law, national
>constitutions, and rights generally (which do not depend upon
>governments to grant them, if they are fundamental in nature).  These
>rights and freedoms are only being violated in certain quarters.
>Violation does not mean rights don't exist.  Rights, like any valuable
>thing, are subject to being taken or violated.
>
>The challenge is how to stop the violations, not how to get rights or
>freedoms "in to global governance of the Internet."
>
>Or, put positively, the challenge is how to achieve actions that
>affirm the rights of all by getting others to remember their duties
>(not just their "rights") specifically to respect the rights of people
>other than themselves.
>
>"Noble Principles"
>There is no declaration or example of fundamental public policy
>regarding freedom or things associated with that -- regarding Internet
>governance or anywhere else -- that does not have underlying
>principles motivating it and providing its foundation.
>
>The noble, or ignoble, principles animating any and all given texts
>are either (1) stated transparently up front or (2) the noble or
>ignoble principles are implicit and thereby nontransparent to the text
>of the proposal or communication.
>
>Clarity of expression, as well as transparency, as well the duty to
>protect the rights principles themselves militate in favor of stating
>one's principles up front, for all to see.
>
>For the reasons in the above paragraph, I can't agree at all with
>Francis Muguet's comment below suggesting that "noble principles"
>discussions waste bandwidth.
>
>WIthout exception, every legislative proposal or constitutional case
>has policies, principles and rights proffered in its favor, whether
>noble or ignoble, and good governance surely means, at least to me,
>disclosing the underlying principles and assumptions that are the very
>core and spring of the proposal.
>
>Conversely, the most important freedoms and principles take big hits
>and suffer damage simply when they are not discussed, for whatever
>reason.  In effect, these rights and principles are not at the
>"bargaining table" even though they are the most important players,
>enshrined in constitutions, treaties and the hearts of people around
>the world.
>
>I'll say the following regarding my own country, which has failed to
>secure rights in these regards miserably in recent times.
>Nevertheless, wiser heads in past times when states entered the Union
>between 1790 and most recently in 1959, nearly without exception
>placed clauses in the State Constitutions that speak to, and warn,
>people about the importance of "noble principles":
>
>"Frequent RECURRENCE to FUNDAMENTAL PRINCIPLES is absolutely necessary
>to the preservation of liberty and free government." (aka "freedom and
>democracy")
>See, e.g., Washington State Constitution, Art. I, sec. 39 for one
>example of similar language.
>
>Either we recur to fundamental principles, in which case we have
>transparency of analysis and freedom and democracy are enabled (and
>ennobled), or else these principles are eroded or even damaged and
>destroyed simply because their contours are not even being considered
>(or perhaps a few don't want the principles considered or revealed, in
>some cases).
>
>This is not a minor point.  It's not OK to not keep the most important
>principles, noble or otherwise, a secret, nor to claim they are boring
>or what have you.  In my view, No reasonable person ought to disagree
>with that, but what they can say is that the applicable principles are
>different ones, or perhaps even not "noble" ones.
>
>Every text or proposal has principles animating it, they need to be
>disclosed.  Transparency of principles is not wasted bandwith, nor is
>frequent recurrence or frequent reminders about what's most important
>wasting time, either.  Even if each of us is individually highly
>familiar with the principles, others may benefit from a reminder, and
>in any case DISCLOSURE is necessary without exception for transparent
>and intellectually honest discussion or debate.
>
>Technical detailed nuances oftentimes act to mask real issues at the
>level of fundamental rights.  Nobody should, accidentally or on
>purpose, be allowed to redefine what is really a fundamental rights
>issue as a pure issue of high tech or bureaucratic administration.  I
>don't say that's the intent of any one here, but this is the danger of
>nontransparency as to fundamental principles in any given area.
>
>Paul Lehto, Juris Doctor
>
>On 9/21/09, Dr. Francis MUGUET <muguet at mdpi.net> wrote:
>> Dear Milton and all
>>>
>>>
>>> And again, back to Bertrand, ok, if you and Parminder don't think we
>>> should work through ICANN give us viable strategies and scenarios for
>>> getting _/liberal/_ and democratic freedoms in to global governance of
>>> the Internet some other way. I'm all ears.
>>>
>>> --MM
>>>
>>>
>>>
>> Since you ears are opened :
>> There are some other ways indeed,  simply put ICANN in the place it
>> belongs :
>> a namespace service providers among other ones...
>> ie opening the competition to DNS services.
>>
>> I Can  ( monopoly )  -->  We can ( competition )
>>
>> For sure, as the phone business,
>>   ICANN,  the "historic" namespace  service provider would remain for years
>>  the  main player, but the clock in cybertime is running fast.
>>
>> What I am all ears is about concrete proposals of multistakeholders
>> governance within
>> the new DNS/ classes/,  learning from the flaws of ICANN.
>> The governance models could be diverse and adapted to each/ class/.
>>
>> Bla bla should be avoided as well as declarations of noble principles
>> everybody agrees upon, but that takes all the bandwidth required
>> for an effective discussion.
>>
>> What is needed  are effecient mechanisms with a sound legal basis,
>> not with a mixed brew of corporate and governement "memos"
>> and "agreements".
>> I did propose sometimes ago the UNMSP scheme.
>> http://unmsp.org
>>
>> Best
>>
>> Francis
>>
>> --
>>
>> ------------------------------------------------------
>> Francis F. MUGUET Ph.D
>>
>> MDPI Foundation Open Access Journals
>> http://www.mdpi.org http://www.mdpi.net
>> muguet at mdpi.org muguet at mdpi.net
>>
>> KNIS http://knis.org
>> Academic Collaboration / University of Geneva
>> http://syinf.unige.ch/recherche/cooperation
>>
>> Mobile France +33 6 71 91 42 10
>> Switzerland +41 78 927 06 97
>> Cameroun +237 96 55 69 62 ( mostly in July )
>>
>> World Summit On the Information Society (WSIS)
>> Civil Society Working Groups
>> Scientific Information : http://www.wsis-si.org chair
>> Patents & Copyrights : http://www.wsis-pct.org co-chair
>> Financing Mechanismns : http://www.wsis-finance.org web
>> Info. Net. Govermance : http://www.wsis-gov.org web
>>
>> NET4D : http://www.net4D.org
>> UNMSP : http://www.unmsp.org
>> WTIS : http://www.wtis.org REUSSI : http://www.reussi.org
>> ------------------------------------------------------
>>
>>
>
>
>-- 
>Paul R Lehto, J.D.
>P.O. Box #1
>Ishpeming, MI  49849
>lehto.paul at gmail.com
>906-204-4026
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Regards,

Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 294k members/stakeholders strong!)
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