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

[parminder]

Riaz

The merits of any particular law being applied is not the issue here. It 
is the right of political communities to have systems to govern 
themselves, and not be subject to the dictates/ laws of the most 
powerful, vis a vis whom people subject to the power/ laws have no right 
of representation or redress.

A position on this second issue, which is the intended one in the 
present thread, is imp to take, whatever it may be. It should not be 
confused with a discussion on the actual merits of a particular law. (In 
the present case, you may have a point, but what do you thus imply. US 
gov should not be able to apply its politically developed laws to acts 
taking place within its boundaries in an area as crucial to public 
interest as health. Improving these laws, and removing the influence of 
special interest is an entirely different issue which we would of course 
agree on.)

... parminder

On Saturday 27 August 2011 01:57 PM, Riaz K Tayob wrote:
> I think it is important that the issue of pharmaceuticals regulation 
> on the internet be treated with caution - there the issue is being 
> used along with efforts by BigPharma to prevent parallel importation 
> (and not consumer protection).
>
> And regarding choice of laws, I am not convinced that it is as easily 
> resolvable as all that.
>
> As Nader in the US has pointed out, why is it we accept contractual 
> terms set in fine print etc for regulation of most of our arrangements 
> - and many of these terms contract out of consumer protection or 
> benefits that the law would provide (example waivers etc). But in 
> common law (roman dutch jurisdictions) contractual liability can 
> attach, notwithstanding claims of choice of laws in some cases, where 
> the contract was entered into, where either party resides, and where 
> there is a the possibility of not rendering an empty verdict (like 
> getting a judgement and then seeking enforcement of that judgement in 
> a foreign jurisdiction). While contractual claims may be difficult, it 
> is the violation of "fair contracting" terms that (consumer 
> protection) etc that makes liability issues a global concern. And 
> hence something that puts poorer countries at disadvantage.
>
> Riaz
>
> On 2011/08/27 01:13 AM, Roland Perry 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.
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