[governance] Another Immovable Legal Object Meeting An Irresistable Internet Force (this time it ain't Taipei...

[Devon Blake]

I support this view, The internet is space used by people just as the
physical world is space used by people. In the physical space there are open
spaces such as parks, there are natural environments such as forests, there
are houses, businesses, and governments. This physical space is occupied and
utilized by people, people. approximately 1/3 of this same population occupy
the internet, among these people are Leaders, Professionals, Athletes,
Artistes, Entrepreneurs, malicious people and criminals among others.

The power of the internet is not so much in it's advanced technological
nature, we've had paradigm changes in technology before and will have it
again. The power of the internet is in its ability to advance the Human
condition (positively or negatively) and this will most effectively played
out when the internet is:


   - Free and open


   - Espouse  freedom and security,
   - Promoting transparency and confidentiality
   - Promote Freedom of Expression, Freedom of association and Tolerance
   - And of course freedom of access

These are critical values to safeguard, if the internet is going to be the
tool to advance the Human condition in a positive way in the twenty first
century.

With all this each person using the internet should enjoy their rights as a
human being as long as those laws do not breach the rule of law which
ideally so designed as to protect those very rights. As the bible puts it,
where there is no sin the law is redundant. (my adaptation).



On Sat, Aug 13, 2011 at 12:02 AM, Paul Lehto <lehto.paul at gmail.com> wrote:

> Anything that is an "irresistible Internet Force" in fact is something
> that is thought to be, or claimed to be, above the law, or immune to
> the Rule of Law.
>
> The Rule of Law refers to the priority or primacy of the laws made by
> actions of freely elected legislatures over everything else that is
> "against the law", so long as those democratically adopted laws are
> not unconstitutional, and don't violate universal human rights.
>
> One may argue that a law is unconstitutional and therefore void, or
> violates human rights and therefore void, but one may not argue, as
> has been heard on this list, that a law or laws are inapplicable
> because "the internet is different" or things like that.
>
> If the internet is "different" specifically in the sense of the
> application of law, then the speaker is claiming that all or part of
> the internet is above the Rule of Law.   (For clarity:  one can say
> that a law is invalidly applied because it is being applied outside
> its jurisdiction.  As applied to the internet, this is not an
> assertion that the Internet is above the rule of law Generally, only
> that the specific law in question doesn't apply.  The two should not
> be confused.)
>
> The discussion here, as well as specific provisions I've cited in CIRA
> policies in the past, occasionally rises to the level of express
> claims that the internet or some part of it is "above the law" by
> saying that laws are inapplicable (for example) to the procedures for
> arbitrations in CIRA, regardless of whether those laws are foreign or
> domestic.
>
> Governments MUST not do unconstitutional things, and MUST not violate
> human rights.  Beyond that, for POLICY reasons they OUGHT not to
> intervene in some areas, but where those non-intervention lines are
> drawn is a constantly debated and regularly changing political and
> historical process.  But if the law DOES intervene, all must follow
> the law, per the Rule of Law itself.
>
> The internet is [NOT!] different **when it comes to the law,** no
> matter how many times anybody says it is.
> ____________________________________________________________
> You received this message as a subscriber on the list:
>     governance at lists.cpsr.org
> To be removed from the list, visit:
>     http://www.igcaucus.org/unsubscribing
>
> For all other list information and functions, see:
>     http://lists.cpsr.org/lists/info/governance
> To edit your profile and to find the IGC's charter, see:
>     http://www.igcaucus.org/
>
> Translate this email: http://translate.google.com/translate_t
>
>


-- 
Devon Blake
Special Projects Director
Earthwise Solutions Limited
29 Dominica Drive
Kgn 5
,Phone: Office 876-968-4534, Mobile, 876-589-6369

To be kind, To be helpful, To network
*Earthwise ... For Life!*
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.igcaucus.org/pipermail/governance/attachments/20110813/cf482102/attachment.htm>
-------------- next part --------------
____________________________________________________________
You received this message as a subscriber on the list:
     governance at lists.cpsr.org
To be removed from the list, visit:
     http://www.igcaucus.org/unsubscribing

For all other list information and functions, see:
     http://lists.cpsr.org/lists/info/governance
To edit your profile and to find the IGC's charter, see:
     http://www.igcaucus.org/

Translate this email: http://translate.google.com/translate_t