[governance] ITU vs. ICANN

[Sivasubramanian M]

On this issue I wrote this:

http://www.circleid.com/posts/on_the_need_to_separate_the_telecom_business_agenda_from_government_policy/


Sivasubramanian M



On Sat, Oct 9, 2010 at 3:40 AM, Karl Auerbach <karl at cavebear.com> wrote:

> On 10/08/2010 12:51 PM, Lee W McKnight wrote:
>
>  But notion that ITU could decide something that is treated as
>> mandatory is not far-fetched at all.
>>
>
> In the US the quesiton of whether a treaty is domesticated to have force
> with or over local (national) law is a rather complex question.
>
> And in this instance that question is made more complex by the fact that we
> are not talking about a treaty itself but, rather, a decision made
> subsequent to a treaty.
>
> (Of course, we'd have to begin by asking "which treaty".  And examine the
> terms and conditions, if any, that the US attached when agreeing to it.)
>
> Can an international body created under a treaty (to which the US is a
> signatory) could have veto power over the decisions of a private corporation
> in the US?
>
> My own sense if that that there are a lot of intermediate hurdles that
> would have to be overcome before that would happen.
>
> I suspect that the US would as a matter of national policy strongly fight
> the notion of automatic domestication of treaty-based powers.  So would most
> countries as auto-domestication amounts to a reduction in the sovereign
> powers of a nation.
>
> And if it were done I suspect it could pour gasoline onto the funeral pyre
> that a lot of conservative groups ("tea party") want to make for US
> participation in the UN and other international bodies - yes, that position,
> once held only by the fruitcake fringe, is now moving towards mainstream US
> politics.  Sigh.
>
> And, of course, there is the fact that ICANN acts by virtue of being the
> vertex of a pyramid of contracts.  That vertex exists only because we use a
> single DNS root.  We use a single root merely for convenience; there is no
> technical reason that blocks others.  Too much pressure from overbearing
> governments and international bodies and the single-root will become
> multiple roots - and governments and international bodies will have to try
> to heard a herd of angry cats rather than one somewhat docile ICANN cat.
>
>        --karl--
>
>
>
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