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

[Daniel Kalchev]

On 29.08.11 17:36, Paul Lehto wrote:
> On 8/29/11, Daniel Kalchev wrote:
>>>> however imperfect, the current
>>>> multi-national system of governance works. It regulates more or less
>>>> global trade, immigration etc. But it does not regulate the Internet.
>>>> Not because of lack of desire, but because nobody in these
>>>> 'governmental' structures understands Internet.
> "Understanding the internet" in some technical or even metaphysical
> way is definitely *not* a prerequisite to regulation.
>
You are correct Paul. Ignorance is not Internet-specific attribute.

However "Internet" -- not the collection of wires -- is different in 
that it is very new as a concept to regulators.
(unless you embrace some of the concepts that I outlined in earlier 
discussions -- that make it well known, from ages to the human 
civilization, just incompatible with modern "democratic" governance models)
It is also particularly troublesome to regulators, because they chose, 
almost without exception, to ignore it's existence under the influence 
and guidance of the PTT-types (this is why I mentioned the role of ITU 
earlier, those are/were very closely tied to Governments and other 
regulators). But Internet not only existed and grew, it also became the 
foundation of many other tasks, including trade, telecommunications and 
everyday social life.

During this lack of interest by democratically (or otherwise) elected 
Governments to govern (but also encourage) Internet development, it had 
to exist and grow somehow. Various forms of self-regulation or other 
form of governance emerged. Like it or not, Internet does develop and 
grow without apparent Government regulation and "laws". At the same time 
it manages to police itself much better than any Government could even 
do in other areas.

This is not to say that some Governmental support for Internet will not 
help. :)

By the way, Governments don't understand the Internet, because the 
typical regulation relies on the principle "follow the money". Which 
does not work with Internet. (again, I am not calling the bunch of wires 
"the Internet")

Daniel
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