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

[Paul Lehto]

On 8/26/11, McTim <dogwallah at gmail.com> wrote:
> On 8/26/11, Paul Lehto <lehto.paul at gmail.com> wrote:
>
>
>>
>> The fundamental question, thus, is:  Who's in Charge?
>
> The fundamental answer (at least for the last 4 decades is "no one,
> and everyone").

"No one, and everyone" is fundamentally a form of legal B.S., if it is
meant to be a statement about the application of law, which is what
this is about.

It has validity only as a form of internet cultural self-talk
concerning the claimed ethos of the internet, but bears little
resemblance to legal reality on the ground.  This is a question of
whose law applies, and what subject matters within those laws apply
(contract, IP and property only, or consumer protection too?)

> I'm happy for that to continue.  Do we as a Caucus really want to
> advocate that every state, every municipality can regulate the
> Internet globally?

Right now, real corporations I will say are hypothetically based in
China, are coming into my country and regulating the internet backbone
or other areas via contract, making foreign law apply.

How in the world do these foreign-based businesses do this globally,
extending the reach of foreign law FAR outside its home country?
Well, I just told everyone how: with choice of law clauses,
enforceable in domestic courts in my country.  We could also ask:
should this be allowed?

Do we as a Caucus really want to advocate that every business
corporation can regulate the internet globally?  What a chaos!

The question, again, is Who is In Charge?  Democracy(ies) or business
(corporations, mostly)?

Basically, business interests and their supporters are saying
"democracies can be allowed to be in charge more or less for purposes
of contract property and IP laws.  But as to consumer protection laws?
 That's an outrageous patchwork of confusion!  Oh my!  We can not
tolerate democratic consumer protection laws!

To which i say:  Please.....the sky is not falling.  Let's talk about
the real issue.

-- 
Paul R Lehto, J.D.
P.O. Box 1
Ishpeming, MI  49849
lehto.paul at gmail.com
906-204-4026 (cell)
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