[governance] Cerf: Internet Freedom under Attack

[Paul Lehto]

On Wed, May 23, 2012 at 4:55 PM, Karl Auerbach <karl at cavebear.com> wrote:

>
>  http://thehill.com/blogs/**hillicon-valley/technology/**
>> 228561-father-of-the-internet-**warns-web-freedom-is-under-**attack<http://thehill.com/blogs/hillicon-valley/technology/228561-father-of-the-internet-warns-web-freedom-is-under-attack>
>>
>
> Not to put too fine a point on it, but ICANN, from the day of its
> inception has been kow towing to the trademark, industrial, and
> governmental interests that are driving "law enforcement" into more and
> more corners of our lives and started to replace presumption of innocence
> with presumption of guilt in both civil and criminal contexts.
>
> Since its birth 15 years ago threats to privacy, to democratic principles,
> to freedom of innovation, to due process, and to freedom of expression have
> been quite growing, quite visibly - and without shame - within ICANN.
>
> And governments, particularly the US government, rejoiced at the notion
> that they could have a private arm to pursue goals that those government
> bodies could not, due to Constitutional limitations, do themselves.
>

 Yes, allowing the "private sector" to control the Internet gives even more
freedom to repression because many constitutions, particularly the US
constitution, will be held not to apply to the Internet.

There is much law that is already heavily used regarding the internet - the
laws of property, contract, intellectual property, and so forth.

The areas of legal intervention on the Internet that are contested involve
the degree to which governments act to EITHER protect freedom of expression
on the internet (even from private interference), or act to censor or
repress.  The vast majority want the neutral protection of freedom of
expression but don't want the censorship, but calls to "keep the government
out of the Internet" operate to throw out both the good and the bad here.

The other area of potential growth for the law of the Internet is the broad
area of consumer protection, which helps to balance individual rights vis a
vis large business powers.  The calls to keep the government out of the
internet in this area operate to preserve huge power imbalances in favor of
large internet business interests.

Paul Lehto, J.D.

-- 
Paul R Lehto, J.D.
P.O. Box 1
Ishpeming, MI  49849
lehto.paul at gmail.com
906-204-4026 (cell)
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