[governance] Reposting Workshop 3: Transnational enforcement

Adam Peake ajp at glocom.ac.jp
Sat Apr 17 11:32:05 EDT 2010


>William Drake wrote:
>
>>>
>>>
>>>We would also like to include trade embargo issues on the Internet 
>>>- like denial of many services by US based companies to countries 
>>>like Iran and Syria, and well, also, Pakistan ( e-payment services 
>>>for instance). In fact, such trade embargo issues are mentioned in 
>>>the Vilnius program document.
>>>
>>
>>Don't want you to think I'm a terminological stickler, but an 
>>embargo is a governmental measure, different from a company's 
>>decision not to operate in a given national market.
>>
>>
>You of course know that Google, Microsoft and many other companies 
>do not extend some of their digital services to countries like Iran, 
>Syria etc because of US gov orders. So I do mean trade embargo in 
>its meaning of a governmental measure. As for non-availability of 
>paypal in Pakistan I suspect (just suspect) there may also be some 
>US gov role here but I am not so sure. Fouad who is leading a 
>campaign on this can tell more.


<https://www.paypal.com/worldwide/>  (I've not thought about which 
countries are missing.)  Concerns for terrorism, or banking systems, 
Internet security, could be any or all those reasons and more. But of 
course there are countries that the US bans trade with, but relevant 
to Internet policy it does allow their ccTLDs to operate in the root, 
participate in ICANN.

Perhaps related, the U.S. often uses free trade agreements to require 
other nations to adopt U.S. IP laws, for example digital millennium 
copyright act, that a countries ccTLD adopt the UDRP and I think 
WHOIS.

Anyway, I think this is a legitimate issue (though have some doubts 
about the paypal example.) When the Geneva WSIS documents were being 
negotiated Cuba tried, unsuccessfully, to get this paragraph in:

"56. Access to information and communication technologies shall be 
secured in accordance with international law, bearing in mind that 
some countries are affected by unilateral measures which are not 
compatible with it and which create obstacles for international 
trade."

Adam




>Parminder
>
>
>>***********************************************************
>>William J. Drake
>>Senior Associate
>>Centre for International Governance
>>Graduate Institute of International and
>>Development Studies
>>Geneva, Switzerland
>><mailto:william.drake at graduateinstitute.ch>william.drake at graduateinstitute.ch
>><http://www.graduateinstitute.ch/cig/drake.html>www.graduateinstitute.ch/cig/drake.html
>>***********************************************************
>>
>>
>
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