[gnso-rds-pdp-wg] Legal basis vs. lawful
Sam Lanfranco
sam at lanfranco.net
Tue Feb 13 16:36:17 UTC 2018
With the risk of being branded a heretic, or traitor, and burned at the
stake, I would like to suggest a radical idea here. It starts from the
observation that ICANN will be unable to come up with a sustainable
workable solution here. This PDP-WG is going slow not because of
conflicting stakeholder interests within its constituencies. It is going
slow because at this level there is no tractable solution.
My heretical idea is to take a page from how the International Labour
Organization (ILO) approaches such global problems (e.g. labour at sea).
The idea starts with the fact that the solution to this problem lies
with the Registrar’s dealing collectively with their own national
governments and working out a multilateral agreement on the boundaries
between lawful and unlawful, and between legal and illegal, that allow
them to operate globally under a compatible, if not common, set of data
privacy and protection regulations.
Within the context of the ILO’s more restrictive multi-stakeholder
process, where stakeholders include industry, government, and organized
labor, the ILO policy development process works up proposed solutions
that are then feed into multilateral deliberations. The ILO operates
more like a “Think Tank” in the search for multi-lateral solutions to
global labor problems, solutions to be adopted by its member states in
multilateral negotiations with each other and endorsed by and accepted
by its industry and organized labor stakeholders.
This approach would toss the work on a solution to where that work
belongs, outside ICANN and in negotiations between nation states who set
the data privacy and security regulations and the Registrars who must
observe them. Neither of those impacts on ICANN’s core remit. ICANN
could function more like a “Think Tank” expressing a broader
multistakeholder view of the issues and proposed solutions. ICANN’s
contracts would be easier to write, since they would focus on the
stability and security of the domain name system, in a global and
multilingual setting.
This would also terminate the “shadow dance” and non-productive struggle
between the constituency and stakeholder groups within ICANN with, and
against, the roles of GAC and Registrars within the ICANN policy
development process. CAG members could go home and tell their respective
countries to organize to discuss data privacy and security policy with
the Registrar’s. ICANN could better deploy its (probably) shrinking
revenue stream and act as a “friend of the discussions”, or offer a
venue for those discussions, while protecting its own remit.
Lastly, this might free up some ICANN resources, and Registrar
attention, to the distributed ledger technologies (DLTs: e.g.
blockchain) that are likely to radically change domain name registration
and transfer soon. That will likely have significant negative impact on
both Registrar and ICANN revenues. Registrar's can go for revenues from
more registration services. Not sure what ICANN can do, other than cut
costs.
Lastly, if I am to burn at the stake, please use only wood, it is a
renewable resource and forests recycle the carbon. I worry about climate
change. Also, you could not do it in Puerto Rico, I won't be there.
Also, either pick a cold climate for collateral warmth, or bring hot dogs.
Sam L.
--
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"It is a disgrace to be rich and honoured
in an unjust state" -Confucius
邦有道,贫且贱焉,耻也。邦无道,富且贵焉,耻也
------------------------------------------------
Visiting Prof, Xi'an Jiaotong-Liverpool University, China
Dr Sam Lanfranco (Prof Emeritus & Senior Scholar)
Econ, York U., Toronto, Ontario, CANADA - M3J 1P3
email: sam at lanfranco.net Skype: slanfranco
blog: https://samlanfranco.blogspot.com
Phone: +1 613-476-0429 cell: +1 416-816-2852
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