[governance] DMP} Statement on Process and Objectives for the Global Multistakeholder Meeting on the Future of Internet Governance

[Jovan Kurbalija]

Hi Norbert,

It would be useful to have the exact reference to Fadi's comment in order
to provide a precise legal analysis. Multiple jurisdictions would lead
towards conflict of laws (regulated by international private law).  The Law
of the Sea has many examples of concurrent, parallel, and overlapping
jurisdictions due to the complex interplay of three core jurisdiction
elements: territoriality (coastal state, territorial sea), nationality
(flag State jurisdiction), and universality (e.g. against piracy).



So far, one of the broadest lists of concurrent jurisdictions is in article
109 of the UN Convention of the Law of the Sea (1982):



‘Any person engaged in unauthorized broadcasting may be prosecuted before
the court of:

(a) the flag State of the ship;

(b) the State of registry of the installation;

(c) the State of which the person is a national;

(d) any State where the transmissions can be received; or

(e) any State where authorized radio communication is suffering
interference.’



BTW: I usually send this article to enthusiasts about extending the Law of
the Sea to the Internet based on a rather simplistic analogy between the
high sea and the Internet (beyond jurisdiction). The Law of the Sea is not
very sympathetic to ‘unauthorised broadcasting’ and free flow of
information.



Back to the question of multiple jurisdiction…



While one can think on various solutions with multiple jurisdictions, it is
not clear how various jurisdictions can be exercised ‘simultaneously’. It
would be in breach of the general legal principle ‘ne bis in idem’ (nobody
should be prosecuted twice for the same offense).



This is just a quick reflection. If you can provide more precise questions,
it could help in deepening the discussion on IG, jurisdiction, and ICANN.



Best regards,



Jovan




On Sat, Nov 30, 2013 at 12:43 PM, Norbert Bollow <nb at bollow.ch> wrote:

> Carlos A. Afonso <ca at cafonso.ca> wrote:
>
> > I risk to be bitten by (no, not monkeys, Milton) scorpions here, but
> > if "removal of the source of authority from a single national
> > government and the linkage of its authority over the DNS root zone
> > file to a global polity" is achieved, the need to
> > change/globalize/internationalize ICANN (the organization) becomes a
> > relatively minor issue, n'est pas?
>
> My perspective on this is that the "removal of the source of authority
> from a single national government and the linkage of its authority over
> the DNS root zone file to a global polity" is IMO primarily of
> symbolic importance, as we have discussed in depth some time ago that
> the degree of real-world power that the executive branch of the US
> government has in the current arrangement is rather limited if it is of
> any significance at all.
>
> I think that the aspect of jurisdiction is much more important and also
> much more difficult.
>
> Fadi said in Bali that ICANN could be made subject to multiple
> jurisdictions simultaneously.
>
> I absolutely don't see how that could possibly work, but maybe someone
> can enlighten me.
>
> Greetings,
> Norbert
>
>
> ____________________________________________________________
> You received this message as a subscriber on the list:
>      governance at lists.igcaucus.org
> To be removed from the list, visit:
>      http://www.igcaucus.org/unsubscribing
>
> For all other list information and functions, see:
>      http://lists.igcaucus.org/info/governance
> To edit your profile and to find the IGC's charter, see:
>      http://www.igcaucus.org/
>
> Translate this email: http://translate.google.com/translate_t
>
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.igcaucus.org/pipermail/governance/attachments/20131201/d5020cbf/attachment.htm>
-------------- next part --------------
____________________________________________________________
You received this message as a subscriber on the list:
     governance at lists.igcaucus.org
To be removed from the list, visit:
     http://www.igcaucus.org/unsubscribing

For all other list information and functions, see:
     http://lists.igcaucus.org/info/governance
To edit your profile and to find the IGC's charter, see:
     http://www.igcaucus.org/

Translate this email: http://translate.google.com/translate_t