[governance] People's Daily of China: US must hand over Internet control to the world

[Ing. Stefano Trumpy]

>Norbert,
>
>On Aug 21, 2012, at 10:45 AM, Norbert Bollow <nb at bollow.ch> wrote:
>>  According to Kieren McCarthy's article, the charges were "of 
>>dealing illegally with a senior Hamas operative,
>
>As mentioned, I'm not a lawyer and don't know the details, so won't 
>comment other than to say that if you live or do business in a 
>country (and are not subject to diplomatic immunity), you are 
>generally bound by the laws of that country even if you don't agree 
>that those laws or their interpretation are correct/appropriate. If 
>you do not like this, your chances of being arrested are increased 
>if you don't work/live in that country.
>
>>  If this indeed effectively destroyed a ccTLD of a country in that 
>>region, then I'm not sure whether it matters in the grand scheme of 
>>things that the way in which this happened was not by means of a 
>>demand to ICANN, but by means of an arrest which Isuspect would 
>>appear from the perpective of the people in Iraq as equally 
>>unjustifiable.
>
>In the grand scheme of things perhaps not, but in the context of 
>asserting that the USG directed ICANN to "terminate services" as 
>evidence of US hegemonic efforts to maintain control of the Internet 
>(or whatever propaganda is being pushed), I'd argue it does matter.
>
>Elashi was living/working in Texas and (arguably) violated US law. 
>US law enforcement arrested him.  The USG did not instruct ICANN to 
>do anything regarding .IQ as far as I am aware.

I read with interest this thread; I have been admin contact for the 
first 13 years of ".it" and I know enough of IANA procedures having 
been involved in the delegation of ".ps" in 2000; now I represent 
Italian government in GAC.
What created the possibility of the present voices about USG 
intervention is the unusual fact that the admin contact and 
responsibility of the ".iq" was not assigned to a resident 
organization in IRAQ but to that organization residing in Unites 
States. It is clear that the ccTLD admin contact has no diplomatic 
status in any country and that if that person infinges existing laws 
in the country where he resides, he could be put in jail with no 
international scandal, apart eventual human rights considerations. 
The ".iq" redelegation matured in 2005 finally assured the more 
appropriate delegation to an organization internal to the state of 
Iraq and responsible to the local internet community, as IANA 
reported. I remember Italian government assiting in 2005-2006 a 
delegation of IRAQ technicians that visited Italy in the frame of a 
bilateral cooperation for e-government, including experiences sharing 
in running a ccTLD.

I remember here an official US position and I report the part 
referring to ccTLDs; from my experience, ICANN has never been 
instructed by USG in a way contraddicting the principle reported 
below. It is clear that only a single demonstated case that 
contraddicts that principle could justify strong criticism but this 
is not the case of ".iq".

US PRINCIPLES ON THE INTERNET'S DOMAIN NAME AND ADDRESSING SYSTEM (June 2005)
"Governments have legitimate interest in the management of their 
country code top level domains (ccTLD). The United States recognizes 
that governments have legitimate public policy and sovereignty 
concerns with respect to the management of their ccTLD. As such, the 
United States is committed to working with the international 
community to address these concerns, bearing in mind the fundamental 
need to ensure stability and security of the Internet's DNS."

Stefano Trumpy
>
>>  As things are, the situation is IMO much less clear -- unless
>>  of course if as the IANA report asserts, the .IQ ccTLD was never
>>  active, or at least it was already inactive at the time of the arrest,
>>  than the situation would be nice and clear and the mess with the .IQ
>>  ccTLD clearly no fault of the US government.
>
>I still don't see why the activity of the domain matters.  From 
>IANA's perspective, a ccTLD is considered a sovereign resource and 
>IANA staff will not take action unless/until the TLD administrators 
>make a request and that request is established to be in the best 
>interests of the Internet community within that country.  This holds 
>true regardless of the number of domains registered in the TLD (or 
>even if the TLD is known to be misconfigured -- a source of some 
>controversy). As far as I am aware, the USG has never violated this 
>principle and demanded IANA take action.
>
>>  I think we all agree that when in China people are arrested for
>>  exercising human rights, it does not excuse the Chinese government if
>>  they say that these people were arrested for violating the laws of
>>  China. We must hold our Western governments to the same standard, and
>>  be equally careful about cases of criminal persecution that clearly
>>  have a political component.
>
>You are suggesting that TLD admins be granted the equivalent of 
>diplomatic immunity if they are working/living in the US?
>
>Regards,
>-drc
>
>
>
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-- 
_________________________________________________________
Ing. Stefano TRUMPY
CNR - Istituto di Informatica e Telematica

Phone: +39 050 3152634
Mobile: +39 348 8218618
E-mail: stefano.trumpy at iit.cnr.it
http://www.iit.cnr.it/en/node/345
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