nettime Arun Mehta: Unpacking Internet Governance

2005-04-16 Thread patrice
A view from New Delhi. Original to the Asiasource mailing list. Fwded
with the author's permission.

my $0.02 on the subject of Internet governance, your contribution
solicited at
http://www.india-gii.org/wiki/index.php/Presentations/WSIS
Arun


Unpacking Internet Governance -- And Finding Red Herrings


Arun Mehta, [EMAIL PROTECTED]

The Internet seemed to come out of nowhere. Governments didn't plan
it, international institutions hadn't even discussed it, and industry
largely also didn't expect it. Most remarkable in its growth, was
the  seeming absence of governance of any kind. The US government
certainly  wasn't in charge, except for some minor areas, like
domain names. Other governments, conservative to different degrees, were
horrified to discover a lack of content control that they could do
almost nothing about. The telecom companies, which carried the traffic,
were too busy selling bandwidth at growth rates of 500% per annum, to
worry that here, for the first time, significant technological
innovation in telecommunications happened outside their control, and
even without  their significant involvement. The ITU first learnt of
the power of the Internet, when its X.400 email standard was summarily
rejected. Now, Wi-Fi, a wireless Internet, you might say, is seriously
undermining Bluetooth and 3G, both technologies in which the ITU and
telecom companies have made huge investments. Once, the ITU ruled
telecom:  progress took place at the rate at which lawyers in Geneva
could hammer  out agreements.  For governments, telecom companies and
the ITU, the  situation now is akin to that of a leader of the French
Revolution, who,  looking out of the window, said, There go my
people. I better find out  where they are going, so I can lead them
there.

The Internet has not only managed furious numeric growth rate with
hardly a hitch, it has exhibited rapid technological progress as well.
E-mail, chat, the web, e-commerce, file sharing, are just some of the
innovations that we have seen in the last two decades, and each have
had  profound impact. Once, the postman was a much-awaited daily
visitor, now  who uses paper and envelopes to send letters? The
publishing industry  once published vast quantities of glossy pamplets
to distribute at exhibitions. Now, few people bother to even visit, let
alone pick up the raddi. While e-commerce is transforming the way
business is done inindustry after industry, file sharing in perceived
as a serious threat by the huge entertainment industries. And
technological progress on the Internet is showing no signs of slowing
down. RSS (Rich Site Summary)  has made it far more attractive to keep
track of news electronically,  rather than to peruse several paper
newspapers and magazines.

Perhaps the most remarkable attribute of the Internet, is that nobody
seems to know who runs it. Our only experience of authority is our
Internet Service Provider, who may be lazy, and maintain poor service
levels and security, or authoritarian and prevent access to certain
services. But most people do not perceive the ISP to be a serious
problem, and if they do, they usually can switch to a better one. But
other than the limited role that the ISP plays, who governs the
Internet?

That most people are completely stumped when asked this question,
indicates, according to me, how well the Internet is run, and cheaply at
that. The governments and international bodies seeking to take charge of
the Internet would do well to learn from the model of governance that
the Internet practices, instead of seeking to enforce their obsolete
models of centralized control and command. If it ain't broken, don't
fix  it.


Problems of the Internet


This is not to suggest that the Internet doesn't have problems: 1.
Poorcountries pay for traffic in both directions, when connecting to
rich countries like the US. 2. We all receive far too much junk mail, or
spam.  3. There are too many viruses and worms floating around the
Internet.

That the ITU has not been able to sort out problem 1, is an indication
of how little the genuine problems of the Internet seem to matter to
the ITU: asymmetric bandwidth pricing is hardly such a big problem that
some negotiation, and the setting up of local, national and regional
bandwidth exchanges couldn't quickly take care of. Spam could easily
bebrought under control, if governments, globally, were to hold ISPs
liable for the spam emanating from their network. The same, I would
submit would work for viruses: a few fines, and ISPs would quickly
tighten their security. There could be a couple more genuine problems
that don't occur to me at the moment, but other than that, we have a
bunch of red herrings.


The Red Herrings


Foremost among them, is the whole discussion of domain names, and who
should control them. Internet traffic is routed using IP addresses,
similar to phone numbers on the telecom network. People came up with the
clever idea of allowing people to use groups of 

nettime Follow-up: India's_patent_flip

2005-04-16 Thread Gurstein, Michael
As a follow-up to the earlier note posted re: India's presentation at 
the recent WIPO meetings and ss a sign of the speed and force with which 
IP issues are emerging as an ideological fault-line in the development 
policy please see the attached.

MG


Businessworld India

The patent flip-flops

Latha Jishnu


Does India know what its stand on the internationalharmonisation of 
patent rules is? That's what the world is asking as Delhi does some 
amazing flip-flops at World Intellectual Property Organization (Wipo), 
the apex global organisation for intellectual property (IP) issues.

India has told a bemused Wipo in a note verbale that it does not support 
the recommendations made by an informal consultative meeting of the 
organisation in Casablanca in February. That session had been chaired by 
R.A. Mashelkar, director-general, Council of Scientific  Industrial 
Research. A globally reputed scientist and expert on IP, he was India's 
representative. (See 'The Next Battle Ground', BW, 11 April).

The note clarified that there is no change in India's long-standing 
position on the issues being addressed at Wipo. That is, India is 
firmly with the Group of Friends of Development (Group), a 14-nation 
bloc in Wipo led by Argentina and Brazil, which is pushing for a more 
nuanced approach to standardisation of patents. The Group wants to drive 
Wipo activities towards development-oriented results. It has been 
critical of the Casablanca resolution which had listed upward 
harmonisation of patent laws as a priority.

The flip-flops come at a critical time. On 13 April, Wipo wound up an 
intergovernmental meeting where the simmering differences between the US 
and its allies, and the Group almost spilled over. Three wearying days 
of closed-door meetings, mostly between small groups, proved 
inconclusive. Wipo agreed that the talks on the development agenda will 
be continued in June and July. Even Singapore, which is locked into a 
tight IP protection regime with the US through its 'state-of-the-art' 
free trade agreement, said on 11 April that IP protection cannot be a 
one-size-fits-all regime.

But India, earlier seen as a key negotiator on this issue, is now being 
viewed with an increasing degree of suspicion - by both the allies and 
the opposition. Although Indian officials have thrown their weight 
behind the Group, it is still not part of it. Worse, its stand changes 
within weeks.

The question that is being asked is: who is driving India's policy on IP 
and the Wipo agenda? The note verbale, embarrassingly for Delhi, implies 
Mashelkar chaired the Casablanca meeting in his personal capacity. 
Officials here say as secretary, Department of Scientific and Industrial 
Research, he would not have attended the meeting without clearance from 
science  technology (ST) minister Kapil Sibal. Mashelkar did not 
respond to queries.

But why should the ST ministry be involved in Wipo talks? 
Traditionally, IP has been the purview of the HRD ministry and its 
officials attend the sessions fairly regularly. But HRD minister Arjun 
Singh is not known to be engaged with the issue of IP rights.

However, the Department of Industrial Policy  Promotion of the commerce 
ministry, part of the inter-ministerial group formulating policy on IP, 
is known to favour the US line on upward harmonisation and commerce 
ministry officials have sometimes found themselves at loggerheads with 
India's declared position on IP rights. In December 2003, joint 
secretary A.E. Ahmed started a bureaucratic storm because of his 
reluctance to oppose a US move to take the Patent Cooperation Treaty 
into substantive patent issues. He was moved out, but not before raising 
a question mark over India's position.

Evidently, some bureaucrats, with the tacit support of their ministers, 
have been pushing individual agendas in Wipo. Till there is a cohesive 
line, there could be more embarrassments.



--
Prabhu Ram,
Max-Planck-Institut for Intellectual Property, Competition and Tax Law, 
MarstallPlatz 1, 80539 Munich GERMANY

Tel: + 49 89 24246226
Mob: + 49 17629830521
Web: http://infoserve.blogspot.com 
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Re: nettime Arun Mehta: Unpacking Internet Governance

2005-04-16 Thread Morlock Elloi
This is perhaps the most naive part of the otherwise very naive article:

 Foremost among them, is the whole discussion of domain names, and who
 should control them. Internet traffic is routed using IP addresses,
 similar to phone numbers on the telecom network. People came up with the
 clever idea of allowing people to use groups of alphanumerical
 characters instead of these large numbers, with computers automatically
 making the conversion. Such a big deal should not be made about who uses
 which name to represent a specific IP address, and frankly, most of us
 don't care. We just use google to find whichever company or individual
 we are looking for.

There is a deep discrepancy between reality and perception here. Using
regulated dictionary approach (DNS  ICANN) enables, at least, each participant
to control the name and associate it with marketing/advertizing strategy
(commercial, ideological, social, whatever.)

Search engines, on the other hand, are private entities that can (and always
will) do anything that maximizes their gain (sometimes in the short and
sometimes in the long run.) For instance, it is perfectly possible for Google,
Inc. to dissapear India as such and direct all queries to Pakistan or whatever.
(maybe because Pakistan bought Google, via indirect or direct means.)

The point is that you want your dictionary (and both DNS and search engines are
dictionaries, with different latencies) ran under published rules.

This rampant ignorance of alleged activists is the most scary phenomenon
lately.



end
(of original message)

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Re: nettime Arun Mehta: Unpacking Internet Governance

2005-04-16 Thread Danny Butt
I know many on this list will be aware of the various technical and factual
inaccuracies in Mehta's piece (WiFi vs Bluetooth? a new one on me), even
outside of the techno-determinist rhetoric and unhelpful equation of
governance==government. Two alternative sources below that I think give a
excellent overview of the Internet Governance issues (Peake's is good for
the general reader, Drake for people who already have been following some of
the dialogue). The issues are *not* mostly about control by ITU - few of the
civil society folks most critical of ICANN want to see control handed over
to the ITU. Nevertheless the flaws in ICANN's governance are real and
significant, as others on nettime have pointed out, and it is *already*
implementing law in relation to trademark issues - it's just that the law
happens to only reflect that of the national government whose MoU
constitutes ICANN as a legal entity in the first place. ICANN continues to
pretend that developing countries' governance concerns (or even European
concerns, given the serious allegations over ICANN's awarding of the .net
contract to Verisign,) are mere rabble rousing and will eventually go away.
If they do go away, it might be literally through the establishment of
alternative root server systems that will make for some *very* interesting
platform competition.

Of course, old-schoolers will say that the end-to-end principle should not
be compromised, but with growing economic incentives for de-peering in
highly developed countries, national firewalls in many developing ones , and
ballooning Network Address Translation on eg the GPRS network I'm sending
this mail from, I think we should be mindful that there are no principles
that can't be thrown out the window if some people can make enough money
from doing so. It may not be long before we reflect on the global medium
of the Internet with the wistfulness that we might hold for the Geneva
Convention. 

Peake, Adam (2004) Internet governance and the  World Summit on the
Information  Society (WSIS), Report for Association of Progressive
Communications, http://rights.apc.org/documents/governance.pdf

Reframing Internet Governance Discourse: Fifteen Baseline Propositions.
In, Don MacLean, ed. Internet Governance: A Grand Collaboration  New York:
United Nations Information and Communication Technology Taskforce, 2004, pp.
122-161 (book at http://www.unicttf.org/perl/documents.pl?id=1392).  Also
published as a working paper of the Social Science Research Council's
Research Network on IT and Governance, 2004.
http://www.ssrc.org/programs/itic/publications/Drake2.pdf

Cheers,

Danny

--
http://www.dannybutt.net
weblogs:  
adventures in cultural politics  - http://acp.dannybutt.net
digital media - http://digital.dannybutt.net


On 4/16/05 8:45 PM, [EMAIL PROTECTED] [EMAIL PROTECTED] wrote:

 A view from New Delhi. Original to the Asiasource mailing list. Fwded
 with the author's permission.
 ...


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