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A note on Next week's vote at the FCC (I will post other points of view if well stated djf)


From: Dave Farber <dave () farber net>
Date: Fri, 16 Oct 2009 07:47:03 -0700





Begin forwarded message:

From: Andrea Glorioso <andrea () digitalpolicy it>
Date: October 16, 2009 6:50:19 PDT
To: dave () farber net
Subject: Re: [IP] A note on Next week's vote at the FCC (I will post other points of view if well stated djf)


For IP, if you wish.

"david" == David Farber <dave () farber net> writes:

Begin forwarded message:

From: "Gross, David" Date: October 15, 2009 8:02:06 AM PDT To:
dave () farber net Subject: A New Post

However, if the US government creates a set of rules and
regulations that will govern the relationship among those
providing Internet facilities and services to advance US
government policies – even for good purposes such as promoting
the free flow of information -- then there may be virtually no
basis for the United States to object to other governments also
creating new rules governing the Internet.  Presumably this
would include not only issues about Internet content, but also
about Internet facilities and the economic relationships among
Internet service providers. It is easy to understand that these
other governments will seek to design rules to help their
domestic companies at the expense of international and American
companies as well as at the cost of the economically efficient
design of the Internet.  Ironically they are also likely to use
the establishment of new US rules regulating the Internet to
impose their own restrictions on Internet content – especially
focusing on restricting the free flow of information so as to
promote their own interests in enhancing Chinese "social
cohesion" or other countries that seek to "defend against
religious defamation".

Countries throughout the world are already able (and sometimes keen)
to "regulate the Internet", which in practice means regulating the
behaviour of their citizens that is based on, or uses, the Internet.

This includes "restrictions on Internet content".

One may argue over the merits of such regulations and even whether, in
practical terms, these regulations work at all.  But it is entirely in
the remit of sovereign states to do so; furthermore, it is already
taking place throughout the world; and last, but not least, judging
From the Antigua v USA case at the WTO, the USA has already engaged in
some form of content regulation.

The decision of the FCC may or may not influence the behaviour of
other countries, but most certainly will not be an excuse for them to
start doing it, as it seems to have been suggested.

My private opinion only.

Best,

--
     Andrea Glorioso || http://people.digitalpolicy.it/sama/cv/
         M: +32-488-409-055         F: +39-051-930-31-133
 * Le opinioni espresse in questa mail sono del tutto personali *
     * The opinions expressed here are absolutely personal *

   "Constitutions represent the deliberate judgment of the
    people as to the provisions and restraints which [...] will
   secure to each citizen the greatest liberty and utmost
          protection. They are rules proscribed by
            Philip sober to control Philip drunk."
              David J. Brewer (1893)
      An Independent Judiciary as the Salvation of the Nation



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