[governance] Russia

[Koven Ronald]

Thank you, Wolfgang. That's very valuable. 


I would be very interested in your rundown of what happened in Dubai.


I'm afraid that if I try to read what you have sent in German that I could understand the opposite of what you say. 


I (as well as others) value your balanced approach (in contrast to much else on this list).


Bests, Rony



-----Original Message-----
From: "Kleinwächter, Wolf
 gang" <wolfgang.kleinwaechter at medienkomm.uni-halle.de>
To: governance <governance at lists.igcaucus.org>
Sent: Sat, Dec 15, 2012 9:34 pm
Subject: [governance] Russia


Hi
 
back from Dubai I still have to figure out what the main conclusions are. 
 
I disagree with Milton both with regard to 5A & 5B as well as with the 
resolution. 
 
1. Look at the statement from the Russian Federation in the signing ceremony. 
This what you get if you agree - in the spirit of consensus - to unclear 
language in a legally binding treaty. 5A & 5B would have been acceptable in a 
WSIS like (non-binding) political declaration but not in a legally binding 
treaty where different interpretations (as we know from "enhanced cooperation") 
will produce not only an endless political discussion but can lead to legal 
cases. Here is the offocuial text from the RF:  
 
The delegation of the Russian Federation "proceeds from the assumption that 
views the Internet as a new global telecommunication infrastructure, and also as 
a part of the national telecommunication infrastructure of each Member State, 
and, accordingly, at ensuring that Internet numbering, naming, addressing and 
identification resources are considered a critical transnational resource, and 
reserves for its Government the right to: 

1) establish and implement public policy, including international policy, on 
matters of Internet governance, and ensure security of the national Internet 
segment, as well as regulate within their territory the activities of operating 
agencies providing Internet access or carrying Internet traffic;

2) establish policies aimed at meeting public requirements with respect to 
Internet access and use;

3) take necessary regulatory measures to ensure security and confidence in 
provision international telecommunications services, provide implementation of 
these measures by operating agencies;

4) take any action it may deem necessary to protect its sovereign rights and 
interests in the sphere of telecommunications should violation of the 
Regulations or reservations, or actions taken by other Member States jeopardize 
its telecommunication services."

The Russian government should raise its problems with "Internet naming and 
numbering" in ICANNs GAC. But this is not what it wants. It wants to see that it 
controls not only its own cctLD but also the name of a registrant (living under 
Russian jurisdiction) wh0o has registered iwan.com via a registrar in Germany. 
This brings us further down the road into the issue of the extension of national 
sovereignty into cyberspace. Howe far this will go? 
 
The second point is the Internet Resolution. There was no discussion of the 
varioous elements. When p. 55 of the Tunis agenda was proposed to add to 38, 
Abdulla from Saudi-Arabia (he was a WGIG member and knows exactly the language) 
intervened and blocked it. If you refer only to 38 this brings you back to the 
day of WSIS 1, long before Tunis time. Para. 55 in the Tunis agenda recognized 
the "existing system". Rejecting para. 55 means non-recognition of the existing 
Internet Governance Eco-System. Furthermore the "invites" both to the Member 
States and to the ITU SG in the proposed resolutions did mention the 
multistakeholder model but it was unclear whether the ITU should become part of 
the broader IG Eco-System or should develop its own alternative multistakeholder 
Internet Governance model as an alternative to the existing Eco-System. Before 
we came to the discussion of the "invites" Iran proposed the voting. The chair 
wanted before a voting get the "temperature" of the room. Hands were raised but 
not really counted. In my eyes it was around 60 for the resolution as it stands 
(without 55 Tunis agenda) and 40 against. A lot of delöegatiopns were confused. 
And then the chair declared the "temperature measurement" as a decision by the 
chair to adopt the resolution as it is. The other day he said this was not a 
formal voting but he decided (in consultaiton with the ITU SG) that the 
resolution should remain as it was. Germany had prepared additional language for 
the "invite" part to make clear that ITU should enhance its cooperation with the 
existing IG eco-system (to avoid that the invitation can be interpreted to start 
the building of an own (alternative) multistakeholder IG system (under 
ITU/Member States leadership as we know from the WSIS Forum). But we had no 
chance to propose the language. This was a classical case for ITU autoracy. We 
planned also to invite ITU memberstates to patricipate actively in ICANNs GAC. 
But Abdullas said that Saudi Arabia will never become a member of the GAC. 
Insofar the rejection of the resolution was well justified.
 
Best wishes
 
wolfgang   


 
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