[governance] Is This An Issue for Internet Governance/Internet Human Rights?

[Paul Lehto]

On 7/26/11, Roland Perry <roland at internetpolicyagency.com> wrote:
> I certainly didn't have Human Rights law especially in mind (even though
> earlier correspondents mentioned it), I'm interested here in a method to
> distinguish between those things which we need to think of as *Internet*
> governance, and those things which are perhaps Universal governance and
> the Internet is simply part of that universe.

There's some danger that these types of approaches lead to a result,
whether intended or not, that "universal governance" is considered
inapplicable to the internet.  INstead, the proper view is that
Constitutional or human rights law is a normal part of contract law
(no contracts to be a slave, for example) and Constitutional or human
rights law is part of property law and every other branch of law
including "internet law" which is really a combination of contract,
free speech, property and IP laws all applied in a specific new type
of technological context.

> Only then can we discuss the kind of detail you go into later (and which
> I have not previously commented on very much as far as I recall, so I'm
> not sure how you deduce my alleged position with such certainty).

1. As an internet policy expert, you should be in those areas of
constitutional and human rights laws now, since they are part of
contract, property and IP laws in addition to being fields of their
own, and they all impact the internet.

2.  Re: Deducing your "alleged position."  Roland, I am merely
assuming you are an internet policy expert (which implies awareness of
all significant factors affecting internet governance) and in that
context I am responding to the specific words you have recently
written, which don't leave much if any room for the topics you
acknowledge I've written about on this internet governance listserv.
So, if your position (when it is revealed in more detail) differs
substantially from what it appears to be today, I would of course have
to say that I was wrong in my interpretation of your position.  But
then I would also, because I went only with the clear meaning of your
words and their lack of any appropriate qualifications, have to decide
if fault doesn't also lay with unclear or imprecise writing on your
part.  Or, perhaps, an unclear or imprecise reading on my part.

But, I'm not trying to divine your position by telepathy or
assumptions. I am, instead, responding to the words you choose to
place on the internet email "page" and then I presume, since you're an
internet policy expert, that what you publish via this listserv is
consistent with the rest of your thoughts and writings, and therefore
appropriately nuanced in wording in order to harmonize it with the
rest of your work.

I guess another possibility is that you are taking a recreational and
somewhat unprofessional "shoot from the hip" approach in what you
write here on this listserv and therefore not carefully crafting  your
sentences to be consistent with other areas of your thinking.  I am
obviously not thinking that myself at the present time, because I am
taking your words and phrases seriously (and understand that you are a
native English speaker, as am I).

The good news is that I care about what you write here.  Perhaps too
much?  :)  I think not, because internetpolicyagency.com should want
everyone to carefully weigh and consider everything it says about the
internet.

Paul Lehto, J.D.



-- 
Paul R Lehto, J.D.
P.O. Box 1
Ishpeming, MI  49849
lehto.paul at gmail.com
906-204-4026 (cell)
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