[governance] cross-border IG issues

parminder parminder at itforchange.net
Sat Jan 22 04:24:22 EST 2011



Adam Peake wrote:
> This has nothing to do with Internet architecture. The US's demands 
> are based on Twitter being a US registered company, nothing to do with 
> the Internet per se.
I mean the whole socio-technical architecture of the Internet. It is a 
mistake, at least from its overall governance and socio-political 
implications points of view, to see the Internet merely as a technical 
system. My statement is in the context of the larger view of what is 
Internet governance, and the Internet's socio-political architecture and 
its power nodes - in the present case, the extra-ordinary control that 
the US gov has over it relative to any other body.

BTW, this is an interesting discussion. Defining what is the Internet, 
before we define IG. A narrow definition of IG as basically dealing with 
Internet's technical architecture as against a broader one signifying a 
new techno-social system, is behind many a misunderstandings and 
mis-communications that often arise in discussion on this list.

For instance, when I may underscore the need for new global policy 
institutions that could ensure greater egalitarianism in Internet's 
development in terms of its social, economic and political impact, McTim 
would generally respond by exhorting us to put aside such idle talk and 
come and participate in places where the 'actual IG' takes place.

Adam, I am completely in disagreement with you that this has nothing to 
do with Internet per se. For me, and to most people, Internet is also 
google, facebook, twitter, online forums of resistance and the such... 
It is not just the IP protocol, DNS, registries and such kind of stuff.

The fact that all the above mega corporates, as well as ICANN itself, 
are as you say are companies registered in the US is a huge IG issue. I 
dont want my personal data to be accessed by anyone without my consent. 
And if exceptional conditions of possible involvement in a crime etc are 
involved I would have it handled only by a body/ authority  in whose 
constitution I have a democratic role, which regrettably is not the case 
with the US gov.

Parminder

>
> FWIW (not worth much :-)) most of Twitter's Internet architecture is 
> run by a Japanese company, NTT.
>
> Thanks,
>
> Adam
>
>
>
>> Read below to see another instance of how some countries are more 
>> equal than others owing to the manner in which the global Internet 
>> architecture and its power nodes are structured today..... It should 
>> hardly be surprising that most 'other' countries are rather concerned 
>> about this asymmetry  and concentration of global IG power. 
>>
>> <http://www.abc.net.au/news/stories/2011/01/10/3110066.htm?section=justin>http://www.abc.net.au/news/stories/2011/01/10/3110066.htm?section=justin 
>>
>>
>> US pursuit of WikiLeaks triggers diplomatic spat
>> By Jennifer Macey
>>
>> Updated Mon Jan 10, 2011 10:43pm AEDT
>>
>>  The US has subpoenaed Twitter to release information from five 
>> accounts in its investigation of WikiLeaks (AFP: Joe Raedle/Getty 
>> Images)
>>
>> AUDIO: Iceland furious over US subpoena of Twitter accounts (PM)
>> RELATED STORY: US orders Twitter to disclose WikiLeaks records
>> The Icelandic government has summoned the US ambassador to explain 
>> why the US is seeking personal information from the Twitter account 
>> of an Icelandic MP.
>>
>> The US has subpoenaed Twitter to release information from five 
>> accounts - including those of the MP and a Dutch computer programmer 
>> - in its investigation of whistleblowing website WikiLeaks.
>>
>> Legal experts say because Twitter is registered in the US, the 
>> company may be obliged to hand over the information.
>>
>> The American ambassador to Reykjavik, Luis Arreaga, has been summoned 
>> for a meeting at Iceland's foreign ministry.
>>
>> He has been asked to explain why US officials want the Twitter 
>> account details of an Icelandic MP.
>>
>> Iceland's interior minister, Ogmundur Jonasson, says the request is 
>> not being taken lightly.
>>
>> "It is very serious that a foreign state, the United States, demands 
>> such personal information of an Icelandic person, an elected 
>> official," he said.
>>
>> "This is even more serious when put into perspective and concerns 
>> freedom of speech and people's freedom in general."
>>
>> Icelandic MP Birgitta Jonsdottir is one of five Twitter accounts that 
>> have been subpoenaed by the US Justice Department.
>>
>> Although she is a former WikiLeaks collaborator, she denies she has 
>> anything to hide.
>>
>> "Not at all, that's not what this is all about. This is about a 
>> certain principle," she said.
>>
>> "Here we have a government that is demanding a privately-owned 
>> company to give up personal data.
>>
>> "I have not done anything that can be considered criminal. It's not 
>> against the law to leak information, it's not against the law to be a 
>> source, it's not against the law to publish this information.
>>
>> "The information in question is about crimes committed by the United 
>> States government."
>>
>> Along with Ms Jonsdottir, the US Justice Department sought 
>> information from four other Twitter accounts.
>>
>> The WikiLeaks account, Dutch computer programmer Rop Gonggrijp, 
>> American programmer Jacob Appelbaum, and the account of Private First 
>> Class Bradley Manning, the US army intelligence analyst accused of 
>> leaking the classified cables,
>>
>> Dr Ben Saul, the director of the Sydney Centre for International Law 
>> at Sydney University, says US officials can issue a subpoena against 
>> non-US citizens if the company holding that information is registered 
>> in the US.
>>
>> "It certainly does seem that the US is exploring all avenues 
>> available to it through its domestic law," he said.
>>
>> "Obviously the US itself has no law enforcement power in Europe or in 
>> Australia, so what they're obviously trying to do is to obtain the 
>> information by going after records held by companies which operate in 
>> the US, which are subject to US law.
>>
>> "Citizenship doesn't really matter here. The relevant question is, is 
>> there illegal conduct happening?
>>
>> "The real question is how will other countries react, you know, will 
>> other governments try to do things to shut down this kind of 
>> investigation?"
>>
>> The order issued by the US District Court of Virginia on December 14 
>> gave Twitter three days to release the information, including user 
>> names, addresses, connection records, telephone numbers and bank 
>> details.
>>
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-- 
PK

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