[governance] open standard for "facebook crowd" interactions

[Salanieta T. Tamanikaiwaimaro]

:) I think that both are important, the vehicles in which IG issues
will be raised as well as the substantive IG issues. There is no point
in developing an excellent discussion on substantive IG issues that
are holistic if it cannot be strategically implemented.

The discussion on vehicles and methodology is also critical. In
courtrooms, even if advocates have clear substantive arguments the
Judge or Judges can refuse to hear them if they do not have locus
standii or if they come in the wrong vehicle.

It follows that in a complex world which is riddled with politics,
agendas, the wisdom to navigate through the maze and to find the
portal in which issues can be raised is key.

If Facebook is registered in the US, it follows that it is subject to
the laws of the US or specifically California, correct me if I am
wrong. As such, one can make submissions to the regulators within the
US on the issue and argue from a "discrimination" standpoint. Without
a doubt it would be challenged in courts as Facebook is a million if
not billion dollar revenue. If the US has ratified the ICCPR and has
enshrined within its constitution anti discrimination framework, locus
can clearly be built and submissions made to either the regulators to
make a ruling on opening the door for other sub-applications to rest
in facebook, an unbundling concept.

Having said that, the converse argument is that the internet should
not be regulated period.

I think that as discussions emerge on which layers to regulate as it
did with the telecommunications industry in the past, it is critical
that jurists start thinking about the philosophies that create the
foundation on which regulations will emerge. Questions such as do we
have a heavy handed regulatory approach or light handed emerges. The
impact of alot of these decisions, even if made on US soil clearly has
a spillover effect on the rest of the world as was the example Ncube
Benson, a Diplo Fellow in Vilnius has alluded to during the Net
Neutrality Workshop as he was commenting.

This is for discussion only and does not constitute legal advice and
should not be relied on. This is merely an opinion.


On Fri, May 13, 2011 at 4:45 AM, Norbert Bollow <nb at bollow.ch> wrote:
> McTim <dogwallah at gmail.com> wrote:
>
>> whatever happened to focusing on ACTUAL INTERNET GOVERNANCE
>> activities, instead of talking endlessly about shapes of tables for
>> potential IG bodies???
>
> Cool idea.
>
> How's the following for a topic?
>
> I think that it should be possible for me to interact with anyone who
> is "on facebook" and who wants to interact with me, without having to
> put my personal data onto the servers of a company that I don't trust
> at all, and which in addition is under the jurisdiction of a country
> whose legal system I trust much less than I trust the Swiss one.
>
> Now I'm not demanding that Facebook Inc. should go out business or
> that they'd have to "give away" copies of their software, just that
> there should be open interfaces allowing others to implement their own
> software to communicate with the "facebook crowd" while keeping their
> personal data on servers of their own choosing. (And analogously for
> other "social network" server based services.)
>
> I have no idea what would be a suitable forum for effectively
> addressing this topic.
>
> Thoughts?
>
> Greetings,
> Norbert
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-- 
Sala

"Stillness in the midst of the noise".
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