[governance] Reposting Workshop 3: Transnational enforcement

Eric Dierker cogitoergosum at sbcglobal.net
Sat Apr 17 13:13:49 EDT 2010


Adam,
 
I think you are very right to center some focus on this. It seems counter-productive the way the global megacorps kind of incestuously go along with US embargo notions. They really are not all that compulsory but more of a go along to get along deal.
 
I note today that AP is throwing out there the Iranian notion that Nukes are terrorist in nature.  The more I dislike the notion and critically approach it, the more I see it's legitimacy.
 
So we now have in our lexicon the potable idea of "nuking" something. The concept in a twisted way applies to embargo's. "just nuke their communication and commerce capabilities and you destroy any chance at growth".  What after all is an indiscriminate use of the annihilation of innocents but terrorism?

--- On Sat, 4/17/10, Adam Peake <ajp at glocom.ac.jp> wrote:


From: Adam Peake <ajp at glocom.ac.jp>
Subject: Re: [governance] Reposting Workshop 3: Transnational enforcement
To: governance at lists.cpsr.org
Date: Saturday, April 17, 2010, 3:32 PM


> 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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