[governance] Bloomberg - The Overzealous Prosecution of Aaron Swartz

[John Curran]

On Jan 20, 2013, at 12:59 AM, Riaz K Tayob <riaz.tayob at gmail.com> wrote:

> This is the interpretation we make (and we are entitled to make it) when for instance:
> 
> 1. Some argue for ICANN etc to be regulated by US laws (state or otherwise) - and that this is sufficient.
> 
> 2. Others argue that legitimacy of the current structure of governance is not an issue, and that work ought rather to be done within the system. And that it is a none issue. 

Alas, my comment on your mention of "US Exceptionalism" was simply to note 
that I do not consider it inevitable that the situation (in particular, with respect to 
overzealous prosecution nor the specific laws used against Aaron) will improve 
simply because of discussion and some presumed inherently superior nature of 
the US structures in these areas...   This doesn't mean that it won't get better, 
but simply that there is no automatic reason to presume that it will simply due 
to discussion in the wonderful U.S. of A.  (note - I do believe it will result in
improvements to to the specific provisions of the Computer Fraud and Abuse 
Act, but that's because of the acts of specific folks like Rep. Zoe Lofgren and 
should not otherwise be considered inevitable)

Similarly, I do not consider that structures used for governance of critical Internet 
resources (e.g. name and number identifiers) to be inherently superior simply due
to the particular circumstances of origin.  In fact, I completely discount the origin
and simply consider the structures on their demonstrated merits and weaknesses
(i.e. good ideas are good ideas regardless of origin)  The bias towards the status
quo is not a ringing endorsement of the existing structures, nor a heartfelt belief
that the structures must be superior because of US origin and exceptionlism, 
but simply reflect the reality that there is an existing functional system which
has enabled the growth and success of the Internet to date, and an absence 
of any alternative described in sufficient detail to be demonstrably superior.

FYI,
/John

Disclaimers:  My views alone.  Supporting or contrary viewpoints are welcomed
from all individuals regardless of race, religion, national origin, sexual orientation 
or disability and will be considered on their merits to the best of my ability.



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