[governance] FBI, DEA, IPv6 & ICANN
Roland Perry
roland at internetpolicyagency.com
Wed Jul 4 05:06:34 EDT 2012
In message <20120704075752.D2C887834 at quill.bollow.ch>, at 09:57:52 on
Wed, 4 Jul 2012, Norbert Bollow <nb at bollow.ch> writes
>> >I am always puzzled by how much Icann (and Arin, I learn now) relies on
>> >law enforcers instead of law makers (who are supposed to determine what
>> >LEAs can and cannot do) to advise on its policies.
>>
>> The law enforcers are simply cutting out the middle man (but you don't
>> have to listen to them any more that you'd listen to anyone else).
>
>Of course, the law makers have an important role which is not
>appropriately described by the derogatory term "middle man":
No offence meant, it's a common expression here.
>They have the responsibility of balancing law enforcement
>interests against other legitimate interests of the general
>public, such as e.g. privacy rights, the interest of avoiding
>law enforcement costs that don't significantly increase the
>success of law enforcement, etc.
It seemed to come as a surprise to some, at the recent GAC meeting, that
Governments also routinely consult with Privacy Regulators ahead of such
events, and come with an already balanced view.
And if (for a particular item of policy) that balance lies with Law
Enforcement, it seems to me to be useful to bring them along to speak
for themselves. Just as it should be possible (but less commonplace) to
bring along the other regulators - which does happen more often at other
venues like the OECD.
>But let's not forget the importance of including experts on the
>various legitimate interests of the general public which sometimes
>conflict with law enforcement interests.
Such interests seem well catered for in ALAC and NCUC, LEAs on the other
hand, don't have their own constituency. Hmm, there's a thought...
--
Roland Perry
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