Re: The IANA ByLaws - Third Iteration

[cliffd@endispute.co.uk (Cliff Dilloway)]

Jon Postel Hi

Two comments on your Third Iteration.

1. In British English the word "stakeholder" has connotations of
someone who has invested money in an enterprise.  I realise that you
are using the term "stakeholder" following the Commerce Department's
usage and have no objection myself but I wanted to make sure that you
realised what the word might mean to a Btit who had not read the White
Paper.


>  The New IANA must have legitimacy -- that is, it
> must be supported by a consensus of what the White Paper calls the
> "stakeholders".


2.I entirely agree with you on what you say in the response of FAQ1. I
quote the question as an aide memoire of what it was..

> 1.  Why don't the draft bylaws simply provide for a single
> world-wide
> membership of Internet users?

However like everyone else I like my own ideas and do not wish to have
them lost in the fog.

My Internet Notice is repeated below.  It does have universal suffrage
but no one has a vote,  But everyone would be bound by the Laws of the
Internet as they inevitably develop inside the process described or
outside it.  The process proposed follows that used long ago to
develop all the laws we live by every day.


--------------------------------------------------------------------


                          Internet Self-Regulation

             "The condition upon which God hath given liberty to
             man is eternal vigilance:
             which condition if he break, servitude is at once the
             consequence of his crime,
             and the punishment of his guilt".

                          John Philpot Curran 1750-1817
         Speech on the Right of Election of Lord Mayor of Dublin,
                               10 July 1790.



     "This bibliography of Internet self regulation was born of
     many discussions, arguments, and debates about regulating
     the Internet.  In these discussions, it was clear that
     people were using key terms such as "Internet,"
     "regulation," and most of all "self-regulation," in a
     variety of different ways, many of them confusing and
     inconsistent.  The recurrent mantra was that, "the Internet
     should not be regulated by the government, but should be
     self-regulated instead."  Everyone was talking about
     self-regulation as the obviously preferable alternative to
     government regulation, but as far as was evident from these
     discussions, "self-regulation" equaled lack of government
     regulation.  But no affirmative definition or description of
     self-regulation seemed forthcoming.  What is self-regulation
     of the Internet?  What does this look like?  Who is the
     "self" that is regulating itself?  What are the mechanisms
     by which the self-regulates itself?  Aren't both national
     and international governments already regulating the
     Internet?  Are we talking about virtual communities?
     Filtering software?  Does self-regulation really mean no
     regulation?  And just what does it mean to "regulate"
     something?  Does it mean to make laws?  Enforce them?
     Punish people?  Who is going to do it?  And what part of the
     Internet are we regulating?  The World Wide Web?  E-mail?
     Ftp?  The architecture of the Internet itself?  Or just what
     people do when they are logged on?"

     From the "Introduction to Bibliography of Internet
     Self-Regulation" © 1998 Matthew J. McCloskey.  Reproduced
     from http://www.ilpf.org/selfreg/bib4_18.htm with
     permission.


                      The Self Regulatory Process

     The objectives above can be achieved through arbitration
     following an uncodified Law of the Internet.  Published
     Reports on the diverse arbitral awards will evolve into a
     generally accepted Law of the Internet.  One cannot expect
     to get it right first or even second time.  Experience
     rules.  The Reports will be available for comment on the
     Internet.  The Law of the Internet is no more than morally
     binding but will guide future arbitrators, who will produce
     case Reports and so on ad infinitum.

     If not accepted graciously, each separate arbitrator’s award
     may be enforced almost worldwide through international
     treaties.  National courts will enforce the arbitrators’
     awards under the international treaties without any
     possibility of appeal.

     The mechanisms for developing and enforcing a generally
     accepted Law of the Internet are explained at:
 
        o "Comments on how the Internet can arrange its own
          Regulation"
          http;//www.endispute.co.uk/isr/cirb.htm
          An overall description.(22k)

        o "Draft Constitution of The Internet Arbitration
          Association"
          http;//www.endispute.co.uk/isr/dciaac.htm
          An association to bring all those in the Internet
          Community under the Law of the Internet.(3k)

        o "Draft of the Law of the Internet Arbitration Rules"
          http;//www.endispute.co.uk/isr/diard.htm
          The Internet process for resolving disputes.(11k)

        o "Full effect of the Law of the Internet Arbitration
          Rules as expanded by the Arbitration Act 1996"
          http;//www.endispute.co.uk/isr/feiare.htm
          The effect of the supporting legislation is
          shown in full detail.(74k).


       The author is an "old systems man" (there is always a
       better way) who is his own webmaster and a fully qualified
       and experienced arbitrator.  He is modest enough to think
       that the process developed here is what the Internet
       Community is looking for right now.  Rest assured that
       what is being offered is legal, would be free and
       effective, and shown to be so on the website, surprising
       as that might seem.


        Please address comments to srcomments@endispute.co.uk



                               Cliff Dilloway
                         Dynevor, Park Road, Stroud
                      Gloucestershire GL5 2JF, England

                      Telephone: Stroud (01453) 763387
                            Fax: (01453) 751528

                       email: cliffd@endispute.co.uk
                         http://www.endispute.co.uk


--------------------------------------------------------------------


Regards and thank you very much for your contribution to the creation
of the Internet.




Cliff              cliffd@endispute.co.uk