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

[McTim]

On Sat, Aug 27, 2011 at 2:42 AM, Salanieta T. Tamanikaiwaimaro <
salanieta.tamanikaiwaimaro at gmail.com> wrote:

> The issues are more complex than this, but this is my attempt to reduce the
> debate to get to the crux of what and how to address the debate:
>
> *Should there be a global global governance mechanism that creates the law
> to regulate all States/ multinationals etc?*
>
> or
>
> *Should there be mechanisms which allows for countries to adopt global
> best practices?*
>


This survey asks a slightly different question:

http://www.foreignpolicy.com/articles/2011/08/15/the_fp_survey_the_internet?page=0,6


-- 
Cheers,

McTim
"A name indicates what we seek. An address indicates where it is. A route
indicates how we get there."  Jon Postel


>
>
> Both in my mind already exist in parts...To a large extent this exists
> through Mutilateral or Bilateral agreements between nation states and the
> existence of international and regional standards.
>
> If countries are sovereign and choose to regulate as they please which is
> their sovereign right to do, self determination provided that it does not
> infringe what universally is agreed as "acceptable conduct". Even with Human
> Rights debates and discussions/disourse there are diverse views on
> jurisprudence such as the universalism vrs cultural relativism debate.
> There will always be diverse views, the question is how do we come up with
> clear feasible solutions.
>
> We just have to build capacity locally, learn from strengths and weaknesses
> of those who have developed and draw from the good, discard the bad. This is
> why the IGF and the multistakeholder process is relevant to developing
> countries.
>
> Sala
>
> On Fri, Aug 26, 2011 at 3:13 PM, Roland Perry <
> roland at internetpolicyagency.com> wrote:
>
>> In message <4E5795FF.5080606 at digsys.bg>, at 15:47:59 on Fri, 26 Aug 2011,
>> Daniel Kalchev <daniel at digsys.bg> writes
>>
>> According to the 'government rule' opinion, that country's government
>>> should be able to sue Google and/or the "Canadian" drug sellers for
>>> breaching their national laws. Has this ever happened? There are lots of
>>> things, that Internet makes accessible to anyone, including people whose
>>> local government has decided they are not entitled to it.
>>> What typically happens is it is the consumer that gets beaten for not
>>> assisting the law.
>>>
>>
>> Pharmaceuticals are an interesting case because what's normally being
>> regulated is the ability to prescribe them, not the consumption.
>>
>> Therefore, there are some pharmaceuticals which are available "over the
>> counter" in some countries, but a Doctor's prescription is required in other
>> countries. Similarly there are certain pharmaceuticals which are available
>> by Doctor's prescription in some countries, but only if you are on a
>> clinical trial in other countries (where the regulator has not yet
>> determined that they are safe to use).
>>
>> If the medical community, which is relatively joined-up worldwide, has not
>> been able to harmonise these things yet, I'm not sure that those of us in
>> the Internet Governance space can do much to help.
>> --
>> Roland Perry
>>
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>
>
> --
> Sala
>
> " Perfect Stillness in the midst of the noise".
>
>
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