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<title>Techdirt. Stories filed under &quot;governance&quot;</title>
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<image><title>Techdirt. Stories filed under &quot;governance&quot;</title><url>http://www.techdirt.com/images/td-88x31.gif</url><link>http://www.techdirt.com/</link></image>
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<pubDate>Fri, 14 Dec 2012 06:42:26 PST</pubDate>
<title>ITU Boss In Denial: Claims Success, Misrepresents Final Treaty, As US, UK, Canada And Many More Refuse To Sign</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20121214/05385721386/itu-boss-denial-claims-success-misrepresents-final-treaty-as-us-uk-canada-many-more-refuse-to-sign.shtml</link>
<guid>http://www.techdirt.com/articles/20121214/05385721386/itu-boss-denial-claims-success-misrepresents-final-treaty-as-us-uk-canada-many-more-refuse-to-sign.shtml</guid>
<description><![CDATA[ The ITU's World Conference on International Telecommunications (WCIT) is now over... and it played out almost exactly as many had predicted.  After <a href="http://www.techdirt.com/articles/20121212/23365121371/itu-goes-back-multiple-promises-makes-play-internet-governance-with-sneaky-surprise-vote.shtml">going back</a> on explicit promises that the treaty would (a) not be about the internet and (b) would only be completed by consensus, rather than by majority vote -- the US lived up to <i>its</i> <a href="http://www.techdirt.com/articles/20121212/22512921370/white-house-we-will-not-support-itu-treaty-that-blurs-telecom-infrastructure-with-info-that-crosses-over-it.shtml">promise</a> not to support such a treaty by <a href="http://www.bloomberg.com/news/2012-12-13/u-s-and-u-k-refuse-to-sign-un-agreement-on-telecommunications.html" target="_blank">officially stating that it would not sign</a>.  A number of other countries quickly followed suit including: the UK, Canada, Denmark, Australia, Norway, Costa Rica, Serbia, Greece, Finland, Italy, Japan, Kenya, Sweden, New Zealand, the Czech Republic, Slovenia, the Netherlands, Poland, Portugal and Qatar (though some apparently said they could not sign because they first had to consult with their own governments -- so it's possible that some of these may change their mind, but many viewed such statements as a more diplomatic way of refusing to sign).
<br /><br />
The US, on the other hand, was explicit in refusing to sign:
<blockquote><i>
"It's with a heavy heart and a sense of missed opportunities that the US must communicate that it's not able to sign the agreement in the current form," said US Ambassador to WCIT Terry Kramer. "The Internet has given the world unimaginable economic and social benefit during these past 24 years. All without UN regulation. We candidly cannot support an ITU Treaty that is inconsistent with the multi-stakeholder model of Internet governance," Kramer added.
</i></blockquote>
The US delegation also laid out the <a href="http://readwrite.com/2012/12/14/5-reasons-why-the-us-rejected-the-itu-treaty" target="_blank">specific reasons</a> why it refused to sign, and they're the same issues we've been talking about all along: (1) the attempt to expand the <a href="http://www.techdirt.com/articles/20121206/12364621260/itus-sticky-wcit-do-new-rules-cover-just-big-telcos-absolutely-everyone.shtml">definition</a> of the types of entities covered by the treaty from the big telcos to just about everyone running  network (2) the explicit inclusion of internet and internet governance in the treaty (3) the claim of a mandate over <a href="http://www.techdirt.com/articles/20120910/02004020322/do-we-really-want-un-charge-cybersecurity-standards.shtml">cybersecurity</a> and (4) the official regulation of spam.  That last one hasn't received as much attention, but the US found the rules put forth for dealing with spam going way too far, and putting in place rules that would violate the First Amendment.  
<br /><br />
Of course, with so many countries bailing out, the ITU's promise that this would all be about consensus look positively laughable in retrospect.  But, perhaps even more laughable is the <a href="http://www.itu.int/en/wcit-12/Pages/statement-toure.aspx" target="_blank">response from ITU boss Hamadoun Toure</a> whose claims read like those of a bureaucrat in complete denial.  First he <a href="http://techcrunch.com/2012/12/14/itu-director-general-surprised-by-u-s-dissent-on-new-telecoms-treaty-says-internet-and-content-issues-are-not-in-there/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed:+Techcrunch+%28TechCrunch%29" target="_blank">claimed complete "surprise"</a> that the US and other countries walked away:
<blockquote><i>
I couldn&#8217;t imagine they wouldn&#8217;t sign it. I especially was surprised by the reasons that were put in place. I had made it clear from the opening that [Internet and content were not a part of the discussion]. I invited ICANN to show that we want to build bridges. The telecoms society and internet society need to work together. I made an appeal to please help us build bridges. The fighting will not help the consumer that we are trying to reach here.
</i></blockquote>
He kept going on and on insisting that the internet and internet governance were not a part of the agreement, even though <i>they are</i>.  Of course, he then effectively admits that part of the goal <i>is</i> to be the key player in the internet
<blockquote><i>
I have been saying in the run up to this conference that this conference is not about governing the Internet. I repeat that the conference did NOT include provisions on the Internet in the treaty text. Annexed to the treaty is a non-binding Resolution which aims at fostering the development and growth of the internet &#8211; a task that ITU has contributed significantly to since the beginning of the Internet era, and a task that is central to the ITU&#8217;s mandate to connect the world, a world that today still has two thirds of its population without Internet access. 
</i></blockquote>
So it's not about the internet, but the internet is central to the ITU's mandate.  Of course, this claim is also a lie.  The ITU's mandate <i>does not</i> cover the internet, but <i>telecom</i> infrastructure.  One of the more nefarious moves by Toure and the ITU in this whole process was to continually blur the lines between telecom infrastructure and the internet, as if they were one and the same.
<blockquote><i>
The word &#8220;Internet&#8221; was repeated throughout this conference and I believe this is simply a recognition of the current reality &#8211; the two worlds of telecommunications and Internet are inextricably linked. I demonstrated that from the very beginning by inviting my friend Fadi Chehad&eacute;, the CEO of ICANN, to address our conference at the beginning.
</i></blockquote>
So... again, he's saying two different things.  First, he claims that the treaty has nothing to do with the internet, and then insists that telecommunications and the internet are "inextricably linked," which explains why the treaty pretty clearly would impact internet governance -- which is why so many nations are refusing to sign.
<br /><br />
Finally, there's this bit of self-aggrandizing bullshit:
<blockquote><i>
History will show that this conference has achieved something extremely important. It has succeeded in bringing unprecedented public attention to the different and important perspectives that govern global communications. There is not one single world view but several, and these views need to be accommodated and engaged.
 <br /><br />
WCIT has shown us this truth and we have worked hard together to find a way that is acceptable to all. Let WCIT be the beginning of this dialogue. As our two worlds increasingly converge so must we increasingly converse and find a common way.
</i></blockquote>
To be honest, this feels like a speech that was written before the events of the past two weeks, perhaps at that <a href="http://www.techdirt.com/articles/20121201/01525121195/doubling-down-secrecy-itu-believes-secret-media-strategy-key-to-avoiding-sopaacta-fate.shtml">secret meeting</a> to plan its media strategy.  To sit there and claim that WCIT was about finding a way "acceptable to all" and one in which the focus was on "finding a common way" is especially laughable, given how the whole thing concluded.  History may very well show that something extremely important was achieved, but it may just be that the achievement was demonstrating clearly what a <a href="http://www.economist.com/blogs/babbage/2012/12/internet-regulation" target="_blank">charade the ITU is</a>, and making it clear that it is not the right organization to have anything to do with internet issues.  The ITU has been shown, once again, to be an out-of-date, out-of-touch, obsolete organization searching for relevance.
<br /><br />
The simple fact is that the world does not need an ITU to "enable" the internet.  The internet was built and expanded rapidly through other means, driven by demand and what it enabled people to do.  The current system is not perfect, by any stretch of the imagination, but it has been working, and shifting to a model driven by international bureaucrats was never in the cards.
<br /><br />
The internet does not need the ITU.  The ITU needed the internet to remain relevant.  The internet, however, does not work that way, and any attempt to move it into such a system of bureaucratic oversight was doomed from the start.<br /><br /><a href="http://www.techdirt.com/articles/20121214/05385721386/itu-boss-denial-claims-success-misrepresents-final-treaty-as-us-uk-canada-many-more-refuse-to-sign.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121214/05385721386/itu-boss-denial-claims-success-misrepresents-final-treaty-as-us-uk-canada-many-more-refuse-to-sign.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121214/05385721386/itu-boss-denial-claims-success-misrepresents-final-treaty-as-us-uk-canada-many-more-refuse-to-sign.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>this-is-not-consensus</slash:department>
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<pubDate>Wed, 2 Nov 2011 15:15:27 PDT</pubDate>
<title>India Wants UN Body To Run The Internet: Would That Be Such A Bad Thing?</title>
<dc:creator>Glyn Moody</dc:creator>
<link>http://www.techdirt.com/articles/20111102/04561716601/india-wants-un-body-to-run-internet-would-that-be-such-bad-thing.shtml</link>
<guid>http://www.techdirt.com/articles/20111102/04561716601/india-wants-un-body-to-run-internet-would-that-be-such-bad-thing.shtml</guid>
<description><![CDATA[ The Internet is under attack &ndash; but not, as politicians would have us believe, from <a href="http://www.fco.gov.uk/en/global-issues/london-conference-cyberspace/cyber-crime/">hordes of cyber criminals</a>, but from the politicians themselves.  Alongside  national legislation like E-PARASITE and international treaties such as ACTA, there is this <a href="http://news.dot-nxt.com/2011/10/27/india-proposes-government-control-internet">proposal that a UN body should take over the running of the whole system</a>:
<blockquote><i>
The Indian government has formally proposed a government takeover of the Internet at the United Nations General Assembly in New York.
<br /><br />
In a statement sent yesterday, India argued for the creation of a new body to be called the United Nations Committee for Internet-Related Policies (CIRP) which would develop Internet policies, oversee all Internet standards bodies and policy organizations, negotiate Internet-related treaties, and act as an arbitrator in Internet-related disputes.
<br /><br />
The CIRP would exist under the United Nations, comprise of 50 Member States, be funded by the United Nations, run by staff from the UN&rsquo;s Conference on Trade and Development (UNCTAD) arm, and report directly to the UN General Assembly.
<br /><br />
Despite the proposal representing an extraordinary shift from the status quo to a single, purely government-run Internet body, India&rsquo;s spokesman, Mr Dushyant Singh, argued that the proposal &ldquo;should not be viewed as an attempt by governments to &lsquo;take over&rsquo; or &lsquo;regulate and circumscribe&rsquo; the Internet.&rdquo;
<br /><br />
In a nod to the multi-stakeholder model of decision-making that currently defines much of the Internet&rsquo;s processes - and where all actors from business to academia to the technical community and governments are given equal say in decisions - the Indian proposal foresees the creation of four &ldquo;Advisory Groups&rdquo; that would represent civil society, the private sector, inter-governmental and international organizations, and the technical and academic community.
<br /><br />
Those groups would provide recommendations to the CIRP. The CIRP would consider them, along input from the existing Internet Governance Forum, at an annual two-week conference at the UN building in Geneva and then present its own subsequent recommendations to the UN General Assembly.
</i></blockquote>
As the author of that report, Kieren McCarthy, points out:
<blockquote><i>
A very similar proposal to that proposed this week was published by a joint group of the Indian, South African and Brazilian governments just prior to the Internet Governance Forum (IGF) in Nairobi last month and caused some controversy when it clearly implied that the proposal came with the support of civil society and the technical community. 
<br /><br />
Its recommendations, which also foresaw all Internet organizations being pulled under the control of a new government-run United Nations body, were disowned by civil society and they then received a definitive thumbs-down from the broader Internet community during the IGF open session on &ldquo;critical Internet resources&rdquo;, during which the Indian government representative stated that the paper had only been put out for discussion.
<br /><br />
Despite the very negative response to that paper, however, the Indian government pressed ahead with discussions on the exact same lines at an IBSA Summit on 18 October in Durban, South Africa. And the result of that meeting was the proposal put to the UN General Assembly yesterday.
</i></blockquote>
That would suggest that the Indian proposal doesn't really stand much of a chance, and many will doubtless cheer that, seeing it as a dangerous attempt to "take over" the Internet &ndash; despite India's assurances to the contrary.
<br /><br />
But here's <a href="http://igfwatch.org/discussion-board/indias-proposal-for-a-un-committee-for-internet-related-policies-cirp">an interesting contrarian view from Jeremy Malcolm on his site Internet Governance Forum Watch</a>:
<blockquote><i>
If a UN Committee for Internet-Related Policies, adequately linked to multi-stakeholder public sphere, were able to set global norms for the Internet in an adequately open and inclusive manner, then neither the US government, corrupted by big-pocketed IP rights-holders, nor repressive governments such as China, would be able to regulate the Internet in isolation from these norms.
<br /><br />
Now, some might say that governments have no role in setting policy norms for the Internet, even if it is in consultation with other stakeholders. In the long run, I agree: we should be able to develop a multi-stakeholder transnational governance mechanism that is not grounded in the nation-state. But we are far from that position now, and it is those most opposed to Internet governance reform who make this point most often, when opposing a norm-setting role for the IGF. They insist that the discussions at the IGF should merely inform norm-setting processes that take place at higher levels.
<br /><br />
But where are those norms to be set, where no authoritative transnational institution already exists to set them? Unless an expansion of the IGF's mandate can be considered, then clearly some new mechanism is required. This was recognised at WSIS [<a href="http://www.itu.int/wsis/index.html">World Summit on the Information Society</a>] in 2005 when an "enhanced cooperation" mechanism was mandated, and it remains equally true today. The Indian proposal for a UN Committee for Internet-Related Policies is the first serious attempt by any government to propose such a mechanism, and for this it is to be welcomed. Civil society ought not to fall into the trap of rejecting this proposal out of hand, if the alternative is to leave existing more narrow Internet governance hegemonies unchallenged.
</i></blockquote>
It's an important point: after all, the way the Internet is run and developed at the moment is hardly perfect.  As Malcolm notes:
<blockquote><i>
some of the most important areas of public policy online are not governed by multi-stakeholder networks at all, not even by any existing intergovernmental organisations, but by individual national governments and big businesses. The most blind to this seem to be representatives of technical community, who for practical purposes maintain a very narrow pre-WGIG [<a href="http://en.wikipedia.org/wiki/Working_Group_on_Internet_Governance">Working Group on Internet Governance</a>] definition of Internet governance that excludes vital issues such as intellectual property enforcement, privacy and data protection, online filtering and censorship and network neutrality.
</i></blockquote>
It is precisely those issues that are driving many of the recent ill-conceived legislative proposals around the world aimed at "taming" the Internet.  Maybe we <b>do</b> need a new approach to Internet governance; whether or not the Indian initiative is the way forward, it is a at least raising some crucial questions.
<br /><br />
Follow me @glynmoody on <a href="http://twitter.com/glynmoody">Twitter</a> or <a href="http://identi.ca/glynmoody">identi.ca</a>, and on <a href="https://plus.google.com/100647702320088380533">Google+</a><br /><br /><a href="http://www.techdirt.com/articles/20111102/04561716601/india-wants-un-body-to-run-internet-would-that-be-such-bad-thing.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20111102/04561716601/india-wants-un-body-to-run-internet-would-that-be-such-bad-thing.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20111102/04561716601/india-wants-un-body-to-run-internet-would-that-be-such-bad-thing.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>can't-go-on-like-this</slash:department>
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<item>
<pubDate>Wed, 29 Aug 2007 10:32:05 PDT</pubDate>
<title>As Companies Go Public, Power Stays Private</title>
<dc:creator>Joseph Weisenthal</dc:creator>
<link>http://www.techdirt.com/articles/20070829/071407.shtml</link>
<guid>http://www.techdirt.com/articles/20070829/071407.shtml</guid>
<description><![CDATA[ As we've noted several times, the tech IPO came back in a big way this year, most recently evidenced by <a href="http://www.techdirt.com/articles/20070814/124357.shtml">VMWare's meteoric launch out of the gate</a>.    While this is good news for companies and their investors, Kevin Kelleher argues that we're seeing a <a href="http://www.thestreet.com/s/tech-ipos-shut-out-the-little-guy/newsanalysis/general/10376812.html?puc=_tscana&#038;">disturbing trend</a> in the way these deals go down.  In many instances, the terms of the deal are such that the general public shareholder has little power in the newly-public company, with most voting power concentrated in the hands of a select few insiders.  What's more, in many instances, the companies have sold stakes in themselves to certain outside investors at a price below what was available to the public.  It's easy to argue that such moves represent greed and a desire to keep the spoils concentrated, but there may be other reasons for these actions.  As the rise of <a href="http://www.techdirt.com/articles/20070723/084827.shtml">private stock exchanges</a> suggests, public shareholders are increasingly seen as a liability, whether it's due to the threat of shareholder lawsuits or activist investors.  Kelleher's concern is for the "little guy", as he puts it, but it's not clear that most investors actually care about things like voting rights.  As long as investors understand where they're at, and can weigh the risks accordingly, certain trends in governance structure shouldn't be particularly worrisome.<br /><br /><a href="http://www.techdirt.com/articles/20070829/071407.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20070829/071407.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20070829/071407.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>inside-out</slash:department>
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