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

[Paul Lehto]

On 7/29/11, Daniel Kalchev <daniel at digsys.bg> wrote:
>
>
> On 29.07.11 03:38, Paul Lehto wrote:
>> As between the only two choices available -- governmental governance
>> and corporate governance, the only choice in which the people have a
>> fighting chance even in theory is Government.
>
> Very interesting. You still ignore private, non-corporate governance.
> There isn't much difference between governments and large corporations,
> except that some corporations are much richer than most governments, and
> sometimes much more effective. Both types are subject to great corruption.

With democratically-styled governments, one has the right via the vote
to "kick the bums out" and often to enact laws directly via
referendum.   Such remedies don't exist at all with corporations.  Has
anyone ever tried to change the fine print of a corporate contract? Or
even to negotiate it?  To even attempt to do so at a point of sale for
example would be viewed as odd or even crazy.  It's a "take it or
leave it" and if  you "leave it" in many situations the corporation or
corporate governor is in a de facto monopoly situation and there is no
other alternative (or the other alternative is worse or more
expensive).

Where many corporations are larger than many of the smaller world
governments and economies, it's hard to imagine, especially when
corporations are not accountable to those they govern (even in
theory), how it would be easier to move or persuade any corporation
compared to moving or persuading governments.

But most importantly, we should remember at all times that law is
Force.  The only thing that can legitimize that force is tracing that
power back to a majority vote in a democratically elected institution.
 On what basis does a corporation or other private actor exercise
force over anyone else?  In asking this question, I am not thinking of
classic freedom-of-contract situations where one person freely
negotiates and agrees with another, but of corporate governance
examples, where corporations make rules via contracts or other
mechanisms that are normally the domain of democratically elected
legislatures (such as, for example, rules on how disputes regarding
the corporation's services are to be resolved, which procedures are in
the nature of setting up the court system and rules of justice
applicable to one's own disputes, as is seen in the Canadian Internet
Registration Authority's rules for arbitration procedures)

Paul Lehto, J.D.

>
> By the way, one pretty much votes for a corporation with their purchases.
>
>> Democracy, as they say, isn't perfect, but its better than all other
>> systems available or tried.
> Democracy was something they tried in Greece thousands years ago. It
> probably lasted longer than the current reiteration.
>
> It is pretty much obvious the current system of governance has reached a
> point where it is clearly not viable any more.
> The private governance system has existed longer in human history than
> any other experiment.
> With any of the other system, you essentially give up few or more of
> your rights, in exchange of promises.
> History shows these promises were never, ever kept.
>
> Daniel
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-- 
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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