[governance] Big Porn v. Big Web Ruling Could Spell Trouble for ICANN / was Re: new gTLDs

[Daniel Kalchev]

On 11.09.12 14:24, parminder wrote:
>
> On Tuesday 11 September 2012 03:54 PM, Riaz K Tayob wrote:
>> Parminder
>>
>> One can put is also differently... if it is just US law then it does 
>> have de facto global application...
>
> Of course, it is so. Riaz. The exceptions to general rule of national 
> territoriality of jurisdictions has mostly been to US's benefit, given 
> its global power. The principle target of my argument was the 
> proposition that other countries, especially developing ones, could 
> exercise their jurisdiction, to a significant extent, over an US based 
> institution. I simply see no basis for it.

There is one fundamental problem with exercising one's sovereignty: you 
remain isolated.
Example: the former "East Block" -- it has all the sovereignty it 
desired but it came with certain isolation from the rest of the world.
Other examples are the various countries that experiment with their 
sovereignty only to discover they are subject to some sort of embargo.
The world has always been this way, since "laws" exist. Most laws have 
as their primary purpose to restrict the individual's freedom (their 
ability to exercise their very own sovereignty) in exchange for "public 
good" promises etc.

> While on the issue, exceptions to international law have also mostly 
> been exercised by the US, again, because of its global power.
>

Everyone discovers one day that justice is always on the side of the 
stronger party. It has been so for millenniums.
It is the lion that eats the gazelle and would not care less if the 
gazelle intends to exercise it's sovereignty in any way.

A while ago we discussed what everyone and anyone can do to behave on 
Internet. Many people mistakenly believe that ICANN has any powers when 
it comes to operation of the Internet. ICANN is just a forum. Even if 
you could usurp an forum, that won't change anything.

If someone wants their country to become important player in Internet, 
then just make it so: invest in whatever infrastructure and services it 
takes and that country will be important player in Internet.
Typically, insistence by strangers that they should control something, 
that someone else built is ignored -- unless those strangers turn out to 
be the prevailing party...

Daniel

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