[governance] Reposting Workshop 1: Revolutionary Internet

[Salanieta T. Tamanikaiwaimaro]

Dear Roland,

I think your suggestion is an absolutely critical aspect of
Communications hinging on Internet Governance that needs to be
addressed particularly in light of the fact that the frequency of
"natural disasters" - earthquakes, tsunamis etc.

Bill pointed to the Tampere Convention on the Provision of
Telecommunication Resources for Disaster Mitigation and Relief
Operations.

Policy analysts, advisers within the State need to examine whether it
is critical for their jurisdictions to sign up. I know Fiji and
perhaps American Samoa has not signed up, as yet or ratified the same.
This could be a Regulation within the Telecommunications Act. In terms
of the issue you raised with the unaffected supplier and the
unaffected customer, if within a nation, in Fiji, you could gain
recourse under the Consolidated Fair Trading Decree - "hoarding" or
any expressly prohibited conduct depends on the nature of the
"conduct".

Extraterritorially, it would be helpful if there was some sort of
basic consistent established principles of expressly forbidden conduct
in multiple jurisdictions that would help squeeze out similar
activities or conduct.

In Fiji,  the recent Hurricane Tomas that caused alot of damages to
telecommunication equipment which we were reeling from. For small
island countries that are still considered "LDCs", the capacity to get
back on its feet is always an issue and this is tied to Governance in
a real sense. With a politically volatile climate, competing national
priorities for a country that has limited economic wealth can force
telcos to struggle with alot more variables than their counterparts in
developed nations would normally struggle with.

I like your suggesion, Roland :).

Cheers

Sala

On 4/15/10, Roland Perry <roland at internetpolicyagency.com> wrote:
> In message
> <j2z83b95841004141714t74bd6515md95698cf1758441c at mail.gmail.com>, at
> 12:14:37 on Thu, 15 Apr 2010, Salanieta T. Tamanikaiwaimaro
> <salanieta.tamanikaiwaimaro at gmail.com> writes
>>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.
>
> I am discussing mainly a "natural disaster" (although that includes
> man-made things like terrorist attacks) which interrupts communications.
>
>>My view of Supply contracts and "emergency" would be that in any
>>ordinary contracts, you would always have "Force Majeur" provisions
>
> That's normally used to describe the circumstances where a supplier
> cannot deliver his contract to a customer, because the supplier is
> directly affected by the incident.
>
> What I'm talking about is a generally unaffected supplier deciding to
> starve an otherwise unaffected customer in order to help a
> disaster-struck one.
>
> It's just one small part of helping disaster recovery, but it's
> something that I think Governments can (and need to) lay the foundations
> for.
> --
> 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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