[governance] Re: [bestbits] Three NETmundial submissions launched for endorsement at bestbits.net

Jeremy Malcolm Jeremy at Malcolm.id.au
Wed Mar 5 07:21:17 EST 2014


On 5 Mar 2014, at 7:49 pm, parminder <parminder at itforchange.net> wrote:

> So, request a clear response - do you mean parity in decision making about public policies between gov and non gov actors.... And this is not a petty point... Half of the time of the WGEC got taken on this kind of discussion. This is the single most important point today, if we can clarify nd possibly agree on this point - rest is not too difficult... Lets accept what is the key point, and not skirt it...

Different people who contributed to the submission, even if they all endorse the final result, will probably give you different answers to that question.  I'm not sure that anyone is interested in what my personal answer is because I'm just an individual, but I would say no I do not accept as a general proposition that parity in decision making is appropriate, which is why I personally objected to that language being used.

For some issues, it will be appropriate that the stakeholders act as equals in the decision making process (to the extent that there is a "decision" at all).  In other areas, it won't be appropriate and may be more appropriate that although all stakeholders are involved, one of them will legitimately take a bigger role than the others.  For example governments may take a leading role in transnational human rights disputes, the technical community may do so in developing spam filtering standards, civil society may do so in developing human rights based principles for judging government surveillance practices, and even the private sector may do so, say in setting prices for the trading of IPv4 addresses.

This also implies that the appropriate mechanism of governance may differ in each case, eg. laws, standards, markets.  The above all follows naturally if you accept that there are no fixed stakeholder roles, because the appropriate roles will differ depending on the circumstances.

> BTW, the German government has the following to say in its submission to NetMundial
> 
> ...
> 
> Do you for instance agree to the above formulation, or NOT...

Nope, don't agree with the German government's formulation because it maintains the fallacy of fixed stakeholder roles.

--
Jeremy Malcolm PhD LLB (Hons) B Com
Internet lawyer, ICT policy advocate, geek
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