[governance] Internetistan, or the Bit Boat... a new approach to Internet governance!

Diego Rafael Canabarro diegocanabarro at gmail.com
Wed Dec 12 13:29:43 EST 2012 

Dear Sala,

"There are massive implications on openness etc."

After reading this sentence, I feel like sharing the attached paper. :)
Regards
Diego

On Wed, Dec 12, 2012 at 10:54 AM, Salanieta T. Tamanikaiwaimaro <
salanieta.tamanikaiwaimaro at gmail.com> wrote:

>
>
> On Thu, Dec 13, 2012 at 4:20 AM, Michael Kende <
> Michael.Kende at analysysmason.com> wrote:
>
>>  Thank you Parminder, that is very interesting, and I did not know
>> that.  According to the original principle described below, though there
>> would not be interference in transit traffic, even if it contained content
>> that violated domestic rules.  But what if that content was stored in the
>> country even though it was not consumed in that country?  So in other
>> words, if something is sent from country A to B via C via transit, there
>> would not be any interference, but what if it was stored in a cache in
>> country C for use by country B?
>>
>
> If we continue with the example that Parminder raised in relation to
> addressing IPR violations where the "subject" in this case the "content" is
> in "transit"-  this is why countries around the world at least as far as
> IPRs have been pushing harmonisation of their laws.  There are massive
> implications on openness etc.
>
> Sala
>
>> ****
>>
>> ** **
>>
>> *From:* governance-request at lists.igcaucus.org [mailto:
>> governance-request at lists.igcaucus.org] *On Behalf Of *parminder
>> *Sent:* Wednesday, December 12, 2012 4:08 PM
>> *To:* governance at lists.igcaucus.org
>>
>> *Subject:* Re: [governance] Internetistan, or the Bit Boat... a new
>> approach to Internet governance!****
>>
>>  ** **
>>
>> ** **
>>
>> On Wednesday 12 December 2012 07:24 PM, Michael Kende wrote:****
>>
>> Hello Bertrand and Nick,****
>>
>>  <snip_****
>>
>> The question then is whether this principle of non-tampering with transit
>> traffic holds for traffic that may be stored in the country, even if it was
>> filtered along with other international content before being viewed by
>> citizens of the country where it was hosted.  ****
>>
>>
>> Michael
>>
>> You may know that third party cargo in transit is being impounded in OECD
>> countries for IP violation when the stuff is made on one country and headed
>> for another, and has nothing to do with the impounding jurisdiction. see
>> for instance,
>> http://keionline.org/blogs/2009/02/03/intervention-by-brazil-at-wto-general-council-on-seizure-of-500-kilos-of-generic-medicines-by-dutch-customs-aut
>>
>> There have been other cases as well. I understand 'border measures'
>> envisaged under ACTA also enables such in transit seizures of third party
>> goods.
>>
>> parminder
>>
>>
>>
>>
>>
>>
>> ****
>>
>>  ****
>>
>> Thanks****
>>
>> Michael****
>>
>>  ****
>>
>>  ****
>>
>>  ****
>>
>> *From:* governance-request at lists.igcaucus.org [
>> mailto:governance-request at lists.igcaucus.org<governance-request at lists.igcaucus.org>]
>> *On Behalf Of *Bertrand de La Chapelle
>> *Sent:* Tuesday, December 11, 2012 6:11 PM
>> *To:* Nick Ashton-Hart
>> *Cc:* governance at lists.igcaucus.org; Dr. Alejandro Pisanty Baruch; Jovan
>> Kurbalija; McTim
>> *Subject:* Re: [governance] Internetistan, or the Bit Boat... a new
>> approach to Internet governance!****
>>
>>  ****
>>
>> Dear Nick, ****
>>
>>  ****
>>
>> Just a brief comment on the issue of "transit traffic". This is an
>> interesting component to explore. As I have often said, I believe that
>> Egypt acted in reference to an implicit emerging international principle of
>> "*non-tampering with transit traffic*" when it blocked access to the
>> Internet during the Arab Spring but did not impact the transit traffic
>> serving the easter coast of Africa. ****
>>
>>  ****
>>
>> Discussing this in more detail would indeed be useful and could probably
>> be part of an international/global regime. ****
>>
>>  ****
>>
>> Best****
>>
>>  ****
>>
>> Bertrand****
>>
>>  ****
>>
>>  ****
>>
>> On Sat, Dec 8, 2012 at 12:27 PM, Nick Ashton-Hart <nashton at ccianet.org>
>> wrote:****
>>
>> Funny, I have been thinking of the Law of the Sea for a few weeks as an
>> interesting construct for the legal protection of the open flow of data.*
>> ***
>>
>>  ****
>>
>> It is true that there's a built environment to the Internet - but in
>> maritime law ships are also physical and registered with a state. However,
>> the space they travel through, beyond the territorial waters limit, is open
>> sea and by definition not owned by anyone.****
>>
>>  ****
>>
>> If we used this construct to protect the flow of international data, that
>> might be a workable metaphor. The Law of the Sea embodied in UNCLOS is,
>> after all, largely simply a distillation of internationally-understood
>> principles about maritime law that go back to the Roman period. ****
>>
>>  ****
>>
>> We could do much worse than an international understanding that data,
>> when transiting any country between a source and destination in third
>> countries, was legally not actually 'in' the territory or subject to the
>> laws of the state it was transiting, but subject only to an international
>> regime.
>>
>> (Bertrand: these ideas are what I was speaking of when I told you at Baku
>> I had an idea for your jurisdiction project that might have potential).**
>> **
>>
>>  ****
>>
>> FWIW: For those who are about to remind me, I am aware that the USG has
>> yet to ratify UNCLOS. It is clear that the current Administration is very
>> much in favour of doing so, however, as are many members of the legislative
>> branch).****
>>
>> -- ****
>>
>> Regards,****
>>
>>  ****
>>
>> Nick Ashton-Hart****
>>
>> Geneva Representative****
>>
>> Computer & Communications Industry Assocation (CCIA)****
>>
>> Tel: +41 (22) 534 99 45****
>>
>> Fax: : +41 (22) 594-85-44****
>>
>> Mobile: +41 79 595 5468 ****
>>
>> USA DID: +1 (202) 640-5430****
>>
>>  ****
>>
>> *Need to meet with me? Schedule the time that suits us both here:
>> http://meetme.so/nashton*****
>>
>>  ****
>>
>> Sent from my one of my handheld thingies, please excuse linguistic
>> mangling.****
>>
>>
>> On 7 Dec 2012, at 16:23, "Dr. Alejandro Pisanty Baruch" <apisan at unam.mx>
>> wrote:****
>>
>>  Jovan, ****
>>
>>  ****
>>
>> thanks for doing a pretty innovative thing here: discussing ideas.
>> Further, bringing a fresh approach and actual expertise. ****
>>
>>  ****
>>
>> My long-standing concern for analogies between Internet governance and
>> the laws of the sea is that the Internet is much more a built environment
>> than the sea (not that the sea is all natural and in fixed form forever,
>> immune to our contamination and our imagintion.) ****
>>
>>  ****
>>
>> So Internet governance refers not only to rules etc. to live on the
>> existing Internet, but also has to be useful as guidance in its expansion
>> and development. To abuse your analogy, it's not only about shipping,
>> fishing, and mining, but also about how to actually make the oceans of
>> tomorrow. ****
>>
>>  ****
>>
>> That brings you to points like: you can use Ostromian theory to
>> understand the tragedy of the commons in fisheries; but can you extend it
>> to Internet governance? What are the limitations? Can you address concerns
>> from liberals to socialists in a new framework without actually changing
>> the salinity or wanting to reverse the flow of the Humboldt current? ****
>>
>>  ****
>>
>> Any thoughts?****
>>
>>  ****
>>
>> Yours,****
>>
>>  ****
>>
>> Alejandro Pisanty****
>>
>>  ****
>>
>>    ****
>>
>> ! !! !!! !!!!****
>>
>> NEW PHONE NUMBER - NUEVO NÚMERO DE TELÉFONO****
>>
>>  ****
>>
>> +52-1-5541444475 FROM ABROAD ****
>>
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>>
>> SMS +525541444475
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>>
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>> LinkedIn: http://www.linkedin.com/in/pisanty
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>>   ------------------------------
>>
>> *Desde:* governance-request at lists.igcaucus.org [
>> governance-request at lists.igcaucus.org] en nombre de Jovan Kurbalija [
>> jovank at diplomacy.edu]
>> *Enviado el:* viernes, 07 de diciembre de 2012 08:37
>> *Hasta:* governance at lists.igcaucus.org; McTim
>> *Asunto:* Re: [governance] Internetistan, or the Bit Boat... a new
>> approach to Internet governance!****
>>
>> Well, we have innovation!  With the IGF in Bali, and ICANN on a cruise
>> ship, we may have 'beach or floating governance'. Internet governance could
>> be fun!****
>>
>>
>> I like the metaphor of the ship since it implies our common destiny. We
>> are all passengers of ICANNia or ITUnia or...*?*       Metaphors are
>> also useful to remove our tunnel vision and make us think more creatively.
>> In another metaphor, I hope that Internetistan will resist Absurdistan (here
>> is the map of this fast-growing country<http://diplo.smugmug.com/ILLUSTRATIONS/Posters-1/4464706_T4FW6r#%21i=1104113260&k=2GsD8hV&lb=1&s=A>).
>>
>>
>> But back to the current reality. Unfortunately, the ICANN cruise ship
>> won't solve the problem of internationalisation. 'Open sea' refers only to
>> freedom of navigation. It does not deal with the status of the ship. All
>> relations on the ship are regulated by the national law of the ship's flag.
>> ICANNia has to be registered somewhere. One solution could be a flag of
>> convenience such as Liberia or Panama.  What happens on the ICANNia is
>> regulated by national law, with no major differences from any other
>> land-based entity (company, organisation). Yes, ICANNia can sail in
>> whatever direction it wants to sail, but the decision must be made by the
>> captain according to the rules of the flag's state. Extrapolating from the
>> role of the captain on the ship, the ICANNia would look like military unit.
>> The cruise ship metaphor gets even more interesting  when we consider
>> different classes of cabins, rescue operations, etc.
>>
>> These thoughts have taken me back to Hugo Grotius's book *Mare Liberum*that established the "open sea" concept four centuries ago as opposed to
>> the idea of a *Mare Nostrum*. * *His relevance for our time is sobering.
>> If we replace 'sea' with 'Internet' we could have the next book on the
>> Internet. Grotius was a very interesting personality.* * Besides being
>> one of the first international lawyers, he was one of the founders of the
>> 'natural law' school of thought.  In addition, he wrote a lot about social
>> contract (before Rousseau, Locke, and others). As a matter of fact, his
>> social contract theory could be applicable to the Internet. ****
>>
>>  ****
>>
>> When it comes to the concept of open sea, Grotius had an interesting
>> interplay with the political masters of his era.  He believed in open sea,
>> but Dutch and British authorities quickly realised the usefulness of his
>> doctrine. They had the biggest fleets and had ambitions to develop trade
>> and colonial empires. Grotius provided them with the necessary doctrine or
>> 'political software'.  However, Grotius always argued that 'open sea' needs
>> rules and principles in order to be 'open'. Although it was
>> counter-intuitive to the leaders of two growing maritime powers, he managed
>> to convince them that it was in their best interest to 'tame' their
>> comparative powers and ensure the sustainability of their empires beyond
>> the 17th century. Everything else has written the history, which proved
>> Grotius right. We can draw many parallels, with the necessary caution that
>> historical analogies should be handled with care.
>>
>> While we are waiting for a new Grotius (or Godot), we should review how
>> we debate Internet governance issues. Grotius was a great scholar who
>> mastered the existing rules before he started changing them. We, on the
>> other hand, use well-defined and developed concepts in a relaxed way. A few
>> examples...
>>
>> As we saw, the frequently used metaphor of the open sea does not
>> translate to an open Internet. In many respects, it can lead in the
>> opposite direction (Internet Nostrum).
>>
>> Another example is the role of states' responsibility in the Internet
>> era. This is a well-defined concept in international law. If we want states
>> to be responsible for whatever is originating in their territories  (e.g.
>> cyber-attacks, botnets),  we have to give them the tools to ensure their
>> responsibility (mainly state control, regulation, and surveillance). Most
>> writings on state responsibility start from the opposite assumption, i.e.
>> the limited role of the state. With all the creativity and imagination in
>> the world, we still cannot have it both ways.
>>
>> The most topical example of the need for evidence-based policy is the
>> case of the Red Cross name/emblem at ICANN. There are very clear rules for
>> the protection of the Red Cross name/emblem that were adopted some 100
>> years ago and have been followed, without  reservation, on national and
>> international levels.  ICANN was right in protecting the Red Cross name but
>> made the mistake of putting it together with organisations that do not
>> enjoy the same status (the International Olympic Committee).
>>
>> Even if we want to change the rules in order to adjust to
>> the specificities of the Internet era (if any), we have first to master
>> them. I see here an important role for academic and civil society
>> communities. If we had advised ICANN to evaluate the Red Cross and IOC
>> submissions separately, we could have avoided a lot of policy confusion and
>> wasted time.
>>
>> The GIGANET might consider the evidence-based policy research as the key
>> theme for the next meeting?
>>
>> Regards, Jovan
>>
>>
>> ****
>>
>> On 12/6/12 3:31 PM, McTim wrote:****
>>
>> All, ****
>>
>>  ****
>>
>> If domiciling ICANN in a nation state is problematic, perhaps ICANN could
>> buy this cruise ship as a HQ:****
>>
>>  ****
>>
>> http://cruiseship.homestead.com/Cruise-Ship.html****
>>
>>  ****
>>
>> It would help solve the problem of internationalisation, be a permanent
>> host for ICANN meetings (2450 berths....saving hotel costs for all) and
>> generate revenue intersessionally.  It's a 3-fer, plus it's a snip @~ 300
>> million USD!!****
>>
>>  ****
>>
>>  ****
>>
>> --
>> Cheers,
>>
>> McTim
>> "A name indicates what we seek. An address indicates where it is. A route
>> indicates how we get there."  Jon Postel****
>>
>>  ****
>>
>> -- ****
>>
>>  ****
>>
>> *Jovan Kurbalija, PhD*****
>>
>> Director, DiploFoundation****
>>
>> Rue de Lausanne 56 *| *1202 Geneva *| *Switzerland****
>>
>> *Tel.* +41 (0) 22 7410435 *| Mobile.* +41 (0) 797884226****
>>
>> *Email: *jovank at diplomacy.edu  *| Twitter:* @jovankurbalija ****
>>
>>  ****
>>
>>  ****
>>
>> *The latest from Diplo:* today – this week – this month<http://www.diplomacy.edu/currently>
>> *l* Conference on Innovation in Diplomacy (Malta, 19-20 November 2012)<http://www.diplomacy.edu/conferences/innovation>
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>>
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>>  ****
>>
>> --
>> ____________________
>> Bertrand de La Chapelle****
>>
>> Internet & Jurisdiction Project Director, International Diplomatic
>> Academy (www.internetjurisdiction.net)****
>>
>> Member, ICANN Board of Directors
>> Tel : +33 (0)6 11 88 33 32
>>
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>
> --
> Salanieta Tamanikaiwaimaro aka Sala
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-- 
Diego R. Canabarro
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--
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