[governance] Does it matter which legal system ICANN operates under?
Riaz K Tayob
riaz.tayob at gmail.com
Wed Jun 12 05:07:20 EDT 2013
Thanks for posting this.
And here is the inimitable Karl Auerbach (of course tech has moved on
with caching etc) but the same issues apply (there is one excellent
small post by him, but I can't find it...):
http://www.cavebear.com/archive/rw/igf-structural-principles-for-internet-governance.pdf
Shall we have internet governance as a Republic with democratic control
over all aspects, or should we have a little democracy with a CIR monarchy?
The USG does not follow its own constitution and so even 'reasonable'
monarchic CIR arrangements.
As such these arrangements are interesting, as Nassim Taleb said about
the US financial system but is common sense apt here as we get lost in
technocracy (and which is the prism from which I read 'leave CIR out'
after this):
"People who were driving a school bus blindfolded (and crashed it)
should never be given a new bus. The economics establishment
(universities, regulators, central bankers, government officials,
various organisations staffed with economists) lost its legitimacy with
the failure of the system. It is irresponsible and foolish to put our
trust in the ability of such experts to get us out of this mess.
Instead, find the smart people whose hands are clean. "
On 2013/06/12 11:57 AM, Katim S. Touray wrote:
> Dear all,
>
> To help frame the discussion, here's the link to ICANN's IANA contract:
>
> http://www.icann.org/en/about/agreements/iana/contract-01oct12-en.pdf
>
> There's also the USDOC amendment to the renewal of the ICANN-Verisign
> contract:
>
> http://www.ntia.doc.gov/files/ntia/publications/amendment_32_11292012.pdf
>
> As has been pointed out, ICANN doesn't have anything to do with
> Internet content and whether or not it is monitored. However, there's
> no doubt that revelations about US government surveillance of Internet
> data harms their case in the debate on multi-stakeholder Internet
> governance, including of ICANN itself and matters under its purview.
>
> Katim
>
>
> On Wed, Jun 12, 2013 at 3:40 AM, Chaitanya Dhareshwar
> <chaitanyabd at gmail.com <mailto:chaitanyabd at gmail.com>> wrote:
>
> That would be my understanding as well Nick. However in ICANN's
> case I understand there are clauses that prevent them shifting HQ
> to another jurisdiction/country.
> -C
>
>
> On Wed, Jun 12, 2013 at 2:54 AM, Nick Ashton-Hart
> <nashton at ccianet.org <mailto:nashton at ccianet.org>> wrote:
>
> The law governing a contract is entirely separate from the
> legal jurisdiction in which the parties to it are domiciled.
>
> On 11 Jun 2013 23:19, "Avri Doria" <avri at ella.com
> <mailto:avri at ella.com>> wrote:
>
>
> -----BEGIN PGP SIGNED MESSAGE-----
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>
> Well said Nick.
>
> Anriette
>
> On 11/06/2013 10:07, Nick Ashton-Hart wrote:
> > Dear all,
> >
> > Reading the governance list, I'm struck by how little
> discussion there
> is on how to take the things that you presumably agree on
> (objection to
> overbroad surveillance, etc.) and do something productive
> with it; it
> seems almost all effort is spent trying to score points
> against factions.
> >
> > Is this really the best that this list can do?
> >
> > Other lists - like Best Bits - are responding with
> statements and the
> like on topical subjects. Would you rather score points
> against one
> another, or score points for the public interest?
>
> - --
> - ------------------------------------------------------
> anriette esterhuysen anriette at apc.org
> <mailto:anriette at apc.org>
> executive director, association for progressive communications
> www.apc.org <http://www.apc.org>
> po box 29755, melville 2109
> south africa
> tel/fax +27 11 726 1692 <tel:%2B27%2011%20726%201692>
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