[governance] November 1-2 Ministerial Cyber Event was Re: [] Cyber Security 2011

Salanieta T. Tamanikaiwaimaro salanieta.tamanikaiwaimaro at gmail.com
Mon Oct 31 19:32:44 EDT 2011


In any democracy, parliamentary rule dictates the formulation of laws in
the midst of an ecosystem in which the Doctrine of Separation of powers
exist where the three arms of government are independent and
constitutionally mandated to act as check and balance each other. The
reality is that in the 192 member countries that make up the United Nations
and the few countries that are not part of the UN, this of course differs,
there are some where rule is by the Executive because of power of the "gun"
and are not democracies etc and we have a complex range of diverse
governance models amongst countries and territories.

It is the norm for democracies, that the only legitimate constitutionally
enshrined exception is when there is a State of Emergency and the President
invokes the Doctrine of Necessity. There are some jurisdictions that have
abused this process to legitimise political rule (I won't get into that but
can discuss offline, lest I be accused of sedition) ;)

For the Doctrine of Necessity to be invoked there has to be proof (visible)
that it is necessary and relevant for the temporary suspension and
derogation of certain rights and privileges. With the increasing cyber
security concerns and the approaches that governments all over the world
are taking (I see this is an indicator in itself of the political climate
in the globe today) as governments all over the world are declaring that it
is a matter of national priority etc, we are witnessing all over the globe
the new battle between the state and the private sector over infrastructure
and when is it legitimate for governments or states to step in etc? Of
course at the end of the day, there is only cause and effect.

(Thinking out loud: would the threat of  "cyber security" justify
intergovernmental control? I would say, no because at the end of the day,
one still needs a multistakeholder approach to handling things like cyber
security threats. What sort of check and balance mechanisms do we need to
ensure that the end user interests and rights are protected?

What is interesting is that when these plays out in the global context, how
does the end user fare? What is the role of civil society in the evolution?
What type of governance models will help preserve an open and free internet?

My 2 cents.

On Tue, Nov 1, 2011 at 8:20 AM, Lee W McKnight <lmcknigh at syr.edu> wrote:

> Avri,
>
> I am missing how a meeting with a bunch of speeches, including one British
> minister with a pre-existing talking points agenda (William Hague), gets to
> point of multiple governments reaching consensus.
>
> Last week the German and French government didn't even want the British PM
> in the same room with them as they struggled to save the Euro; and now we
> worry (with all due respect) that William Hague will set the global agenda
> for cybersecurity? Doubt it.
>
> Stranger things have happened I admit, but as our on-site reporter hinted,
> odds of a major advance given the structure of the meeting seems  - very
> low.
>
> Lee
> ________________________________________
> From: governance at lists.cpsr.org [governance at lists.cpsr.org] on behalf of
> Avri Doria [avri at acm.org]
> Sent: Monday, October 31, 2011 12:31 PM
> To: IGC
> Subject: RE: [governance] November 1-2 Ministerial Cyber Event  was Re: []
> Cyber Security 2011
>
> On 31 Oct 2011, at 06:31, Deirdre Williams wrote:
>
> > http://www.bbc.co.uk/news/uk-politics-15355739 UK seeks 'consensus' at
> cyberspace conference
>
>
> and earlier message asked:
>
> > On 30 Oct 2011, at 14:59, Lee W McKnight wrote:
> >
> >> I'm unclear what people are alarmed about;
> >
>
> Me personally? It is that Governments at a ministerial level reach a
> consensus, without proper multistakeholder participation and then work to
> cram it down the collective throats of the world.  I fear that such a
> consensus would be at the expense of the freedoms most of us hold dear, but
> that governments often find troublesome when trying to control their
> populations.  And I feat that in any follow-up, Civil Society would find
> itself fighting against the tide - agreeable to the Business community
> because it spurs the sale of further hardware and software systems, but
> deleterious to the public good.
>
> That is what alarms me.
>
> avri
>
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-- 
Salanieta Tamanikaiwaimaro aka Sala

Tweeter: @SalanietaT
Skype:Salanieta.Tamanikaiwaimaro
Cell: +679 998 2851
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