[governance] regulating the digital space - whose laws apply, and whose do not

Fri Aug 26 07:28:17 EDT 2011

Dear All,
I strongly support the need for a Global Government to define the laws and how it can be implemented across board for a truly International acceptance. 
Because Paul's question is very very important, "Who is in Charge?" and Parminder's point, "My point is, will a developing country, especially a small one, be able to penalize google and make it behave as the UG gov could. (See the earlier instance of Taipei city government versus google). Is it not a major global IG issue?"
Thank you all.-- 
Sonigitu Ekpe Project Support Officer[Agriculturist] Cross River Farm Credit Scheme Ministry of Agriculture and Natural Resources 3 Barracks Road P.M.B. 1119 Calabar - Cross River State, Nigeria. Mobile +234 805 0232 469    Office + 234 802 751 0179  "LIFE is all about love and thanksgiving" 
Paul Lehto  wrote:
>                 If a "local" or "state" jurisdiction is prevented from applying its
> laws to the internet as it comes within its borders, that does not at
> all mean that no laws are being applied to that internet stream coming
> within those borders.  As discussed at length in prior threads, there
> is always "law coming in" - it's just more heavily weighted in
> contract law and property law, with tort or consumer protection law
> bearing the brunt of the exclusion of local or state laws, whenever
> that exclusion happens.
> 
> If local or state laws are forbidden, think of it this way:  the
> corporate (or non-corporate) internet companies use contract law,
> especially, to specify which country's laws shall apply to
> transactions between the parties.  This is called a "choice of law"
> clause.
> 
> With unhindered freedom of contract (free of consumer protection
> "hindrances"), these companies get to pick and choose which country's
> contract laws apply, so long as that country's laws have some modest
> connection to at least one of the parties to the contract.  However,
> if local or state jurisdictions are deemed to be able to regulate, to
> that extent these companies have no choice on what laws apply, and
> they can not use their overpowering contract bargaining power to
> impose the most favorable laws they can find.
> 
> With choice of law clauses, there is an incentive for countries to
> "compete" to provide the most corporate-friendly laws so as to attract
> their business. (The companies must have a major office or something
> in that country to support that country being the designated country
> for choice of law purposes).
> 
> The above is not an exhaustive analysis of all considerations, but I
> think not very many people realize this kind of legal/economic
> perspective does have significant power to influence the perspectives
> of companies.
> 
> It's a battle between sovereign countries or democracies exercising
> self-government and corporations as to Who gets to Dictate the Laws
> applicable to the internet.  If democracies win out, that's
> self-government (aka democracy).  If corporations or companies win
> out, then they rule the internet.
> 
> The fundamental question, thus, is:  Who's in Charge?
> 
> People may not like some of the choices legislatures have made or will
> make.  But consider this reality:  No country's people are free if
> they are not free to make MISTAKES.  Self-government means not just
> being able to make laws, but to make even mistaken laws, provided they
> are not unconstitutional or human rights violations.  If one is not
> free to make mistakes or implement unwise policies, then one is not
> free, one is living in a managed environment.  The managers are the
> ones that control, and are free...
> 
> Paul Lehto, J.D.
> 
> 
> On 8/26/11, parminder <parminder at itforchange.net> wrote:
> > The below may be  a good addition to the context in which this list has
> > been discussing the application of local laws and regulations to global
> > digital space/ business, vis a vis the power of different countries/
> > jurisdiction to apply their law, especially for the more legitimate
> > purposes as in the below case.
> >
> > My point is, will a developing country, especially a small one, be able
> > to penalise google and make it behave as the UG gov could. (See the
> > earleir instance of Taipie city government versus google). Is it not a
> > major global IG issue?
> >
> > parminder
> >
> > http://governancenow.com/gov-next/egov/google-agrees-usd-500-million-settlement-over-pharmacy-adds
> >
> >
> >     Google agrees to USD 500 million settlement over pharmacy adds
> >
> > PTI | August 25 2011
> >
> > Internet search giant Google has agreed to pay USD 500 million to settle
> > charges that it allowed Canadian pharmacies to place ads on its website
> > that resulted in prescription drugs being imported from Canada to the US
> > unlawfully.
> >
> > The Justice Department said the forfeiture is "one of the largest ever
> > in the United States" and represents the gross revenue received by
> > Google as a result of Canadian pharmacies advertising through its
> > 'AdWords' programme, plus gross revenue made by Canadian pharmacies from
> > their sales of controlled and non-controlled prescription drugs to US
> > consumers.
> >
> > "The Department of Justice will continue to hold accountable companies
> > who in their bid for profits violate federal law and put at risk the
> > health and safety of American consumers," Deputy Attorney General James
> > Cole said in a statement on Wednesday.
> >
> > The settlement ensures that Google will reform its "improper advertising
> > practices with regard to these pharmacies while paying one of the
> > largest financial forfeiture penalties in history," Cole said. Google
> > said it "accepts" responsibility for its conduct, acknowledging that it
> > improperly assisted Canadian online pharmacy advertisers to run
> > advertisements on its site.
> >
> > Under the terms of an agreement signed by Google and the government,
> > Google must also undertake a number of compliance and reporting measures
> > to insure it does not indulge in such practices in the future.
> >
> > An investigation by the US Attorney’s Office in Rhode Island had found
> > that Google was aware as early as 2003 that online Canadian pharmacies
> > were advertising prescription drugs to Google users in the US through
> > its AdWords advertising programme.
> >
> 
> 
> --
> Paul R Lehto, J.D.
> P.O. Box 1
> Ishpeming, MI  49849
> lehto.paul at gmail.com
> 906-204-4026 (cell)
> ____________________________________________________________
> 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
> 
>                 


__________________________________________________________________________
The information contained in this communication is confidential and may be legally privileged. It is intended solely for the use of the individual or entity to whom it is addressed and others authorized to receive it. If you are not the intended recipient you are hereby notified that any disclosure, copying, distribution or taking action in reliance of the contents of this information is strictly prohibited and may be unlawful. Kindly destroy this message and notify the sender by replying the email in such instances. We do not accept responsibility for any changes made to this message after it was originally sent and any views, opinions, conclusions or other information in this message which do not relate to the business of this firm or are not authorized by us.The Cross River State Government is not liable neither for the proper and complete transmission of the information contained in this communication nor any delay in its receipt.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.igcaucus.org/pipermail/governance/attachments/20110826/27d519c4/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