[governance] Does it matter which legal system ICANN operates under?

[parminder]

This said, I agree with your contention that the real problem is the 
over-concentration of Internet traffic flows, applications base, etc in 
the US, and it is this issue that needs to be addressed, through greater 
decentralisation, and also global norms on cross border data flows and 
so on... parminder


On Wednesday 12 June 2013 02:07 PM, parminder wrote:
>
> Kerry
>
> Lets agree to you contention - it does not matter 'which legal system 
> ICANN operates under" (although I think it does).
>
> Now, if this is so, it should be ideal that ICANN operates under an 
> international legal system, under UN auspice, rather than of one 
> country... Just looks and feels nicer, fairer, democratic etc etc. No? 
> Even if just for its symbolic value - and you know, in politics 
> symbolic values count for a lot.
>
> However, moment you propose that, there are shrill cries all over - UN 
> out to control the Internet. Now, how does the logic you propose 
> suddenly change completely when it is the UN/ international legal 
> regime instead of US... That is the paradox. And I will be happy to 
> hear your response to it.
>
> So, the simple question is this: How when US exercises oversight over 
> the ICANN, it is contended that the 'oversight' issue bears, or can 
> bear, no connection to content, and other control related issues, 
> whatsoever; but when it is proposed that an international/ UN body 
> takes up oversight of ICANN, these issues suddenly become the most 
> relevant ones??
>
> parminder
>
>
>
> On Tuesday 11 June 2013 09:42 PM, Kerry Brown wrote:
>>
>> The subject line will probably stir some controversy. Because of that 
>> I will state my position clearly so people don’t misunderstand where 
>> I’m coming from. I abhor the Patriot Act. I abhor governments 
>> secretly collecting data with no oversight. I abhor how the Patriot 
>> Act has affected my country which is Canada. Because of the Patriot 
>> Act I am actively supporting the establishment of more IXPs in Canada 
>> to help keep Canadian data in Canada. I actively lobby my government 
>> to be more open and transparent.
>>
>> Now to the question I posed. Are we not conflating two issues that 
>> are not related? Solving one won’t change the other. If ICANN moved 
>> to a different jurisdiction tomorrow what would change re the 
>> American government’s access to private data? Many of the services 
>> that Internet users worldwide want to access are provided by American 
>> based companies subject to American law. Much of the world’s Internet 
>> traffic is carried on communications media owned by American 
>> companies subject to American law. How would changing the 
>> jurisdiction that ICANN operates under change the reality that if the 
>> American government wants to spy on anybody they could do so with 
>> relative ease?
>>
>> I am all for investigating what it would take to move ICANN away from 
>> US jurisdiction. There are many questions that need to be answered 
>> and problems that would need to be solved but in the end I believe it 
>> would be a good thing. I fail to see however that it would in any way 
>> hinder the US governments’ ability to collect data from the Internet. 
>> These are two distinct issues that will require different solutions.
>>
>> Kerry Brown
>>
>

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