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Re: Touré’s ITU still pushing for an Internet counter-revolution
by
Thierry Moreau
Hi Milton,
Yes but ...
Mr Touré speech gives a fresh perspective on the power struggle over ICANN among governments. Milton, you seem to prefer a power struggle between multi-stakeholder-ism and unspecified ("any") government oversight, a power struggle in which your arguments would have more weight.
The battleground on which Mr Touré plays has different rules, i.e. diplomacy, international treaties, formal delegations from constitution-based powers of states, than the ones advocated by civil society, i.e. what I would describe as a beauty contest of legitimacy based on open communications as a fairly recent global change. Granted to your point, there are brilliant success stories in the civil society global perspective: IETF, ISOC, FSF, you name them, and even ICANN in some sense (I have little respect for ICANN processes as I don't think they have any chance of becoming into some equilibrium state which is required for lasting influence).
At the end of my intuitive analysis (I don't have time to formalize it further), your campaign look somehow comfortable that a single government, coincidentally the one from your own country, has a strong position in this other battlefield that you don't want to become prime time. There are countless formal foreign affairs rules on which open networks rely, and which civil society quietly takes for granted as a foundation for a new set of rules. Just one big example: try to redesign ICANN contracts with TLDs, registrars, and root operators (they are all on their web site) in the absence of the core assumption of US jurisdiction for interpretation and US judicial system for litigation settlement and enforcement - a government-devoid ICANN would require them.
So, I welcome Mr Touré's speech as it brings in prime discussion time the power struggle among governments, as much as I am skeptical about the legitimacy of unchecked government controls on basis of cybercrime or whois or what not.
Is there a possibility for an Internet charter of rights to turn into a reality in this context? I already thought the question could not be answered without careful attention to treaty-based organizations governance. The ITU chief reminded the audience that such governance proved useful in the past.
I hope the above is well articulated.
- Thierry Moreau
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