[governance] cross-border IG issues

Ian Peter ian.peter at ianpeter.com
Sat Jan 22 04:33:40 EST 2011


JovanĀ¹s article on this is well worth reading

http://deepdip.wordpress.com/2011/01/14/after-the-deluge-internet-governance
-in-the-aftermath-of-wikileaks/





From: parminder <parminder at itforchange.net>
Reply-To: <governance at lists.cpsr.org>, parminder <parminder at itforchange.net>
Date: Sat, 22 Jan 2011 14:54:22 +0530
To: <governance at lists.cpsr.org>, Adam Peake <ajp at glocom.ac.jp>
Subject: Re: [governance] cross-border IG issues



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>htt
>> p://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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