[governance] Reposting Workshop 1: Revolutionary Internet

[Salanieta T. Tamanikaiwaimaro]

I am not an IG expert and don't claim to be one. However, from a
layperson's perspective when you are discussing "Emergency" what is it
that you are discussing:-

1) Infrastructure;
2)Content - prioritisation of packets;
3)Supply of Equipment or Contracts of Service or Supply etc deriving
some sort of legal obligations of contractual nature;
4)Interconnection - categorisation of traffic etc.

Any discussions, on Emergency, I would suggest be specific and
highlight the context. Otherwise, we would be seeing the issues like
how the "Blind Men of Indostan" saw the "elephant.

My view of Supply contracts and "emergency" would be that in any
ordinary contracts, you would always have "Force Majeur" provisions
anyway, and in terms of competing obligations to supply to Telcos etc,
the demands would be differ depending on the context of the Supplier
where the Supplier is a multinational and supplying to many countries
or clientele scattered across the world - how does that Supplier treat
prioritisation of clientele. The issues that emerge in this context,
would whether there are International Conventions that bind his
capacity to prioritise such as United Nations Convention on Contracts
for the International Sale of Goods and would depend on whether the
Supplier's commercial vehicle's jurisdiction has ratified the same and
the wider implications of the Supplier's domestic jurisdiction's local
law or the actual contract's governing law.  It follows that there are
of course variables to any similar situation.

Kind Regards,

Sala (Fiji)







On 4/15/10, Roland Perry <roland at internetpolicyagency.com> wrote:
> In message
> <93F4C2F3D19A03439EAC16D47C591DDE015B4E8D0F at suex07-mbx-08.ad.syr.edu>,
> at 11:52:28 on Wed, 14 Apr 2010, Lee W McKnight <lmcknigh at syr.edu>
> writes
>>The Internet governance challenges of emergency communications has
>>been studied for at least 15 years; I am unaware of a solution.
>
> One suggestion which has some mileage, and can be done inside one
> jurisdiction, is for a Government to pass a law saying you can't sue a
> company for diverting resources to an emergency situation, and thereby
> breaching his supply contract with you.
>
> A trivial example: "Those satellite phones you ordered for your park
> rangers, sorry the batch we were about to send you, someone else paid us
> to jump the queue and they've gone to an earthquake zone instead".
> --
> Roland Perry
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-- 
Salanieta Tudrau Tamanikaiwaimaro
P.O.Box 17862
Suva
Fiji Islands

Cell: +679 9982851
Alternate Email: s.tamanikaiwaimaro at tfl.com.fj

"Wisdom is far better than riches."
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