[discuss] [IANAtransition] A Summary of IANA Oversight Transition Tasks and Issues

parminder parminder at itforchange.net
Wed Apr 2 17:03:48 UTC 2014

On Wednesday 02 April 2014 06:15 PM, John Curran wrote:
> snip
> Parminder -
>      You seem to conflate the act of considering public policy mandates with the
>      potentially quite unrelated act of oversight of technical coordination functions.

Yes, there is a conflation of admittedly two layers above the technical 
functions, but I dont accept them to be unrelated. Pl see below .
>      To continue the analogy, the (implied governmental) party that engages in
>      regulation or rule-making on behalf of the public for establishing minimum
>      safety equipment for automobiles does not necessarily have to be the same
>      party that provides any necessary oversight to an association doing the
>      development and coordination of automobile safety standards;

Agreed, not be the same party, but again this is a layered (and thus 
related) relationship... the party which engages in rule making on 
behalf of the public will make the larger rules (say, the legislature), 
and the specific oversight body (regulatory body) will ensure that these 
are adhered to by those who do actual development and coordination of 
safety standards.

>   the former
>      is a public safety regulator while the latter might be entirely provided by
>      normal judicial authority regarding a trade or standard association's
>      compliance with its incorporation/purpose.

Ok, here I lose you... I divided the two roles differently as above..... 
you seem to be saying that 'necessary oversight' to technical 
coordination bodies can be provided by 'normal judicial authority' but 
in my understanding judicial authorities has another level of role. Or 
perhaps I misunderstand.

To go from this analogy to the issue under discussion - nature of 
political overlay above global bodies dealing with Internet related 
technical coordination functions, I think the two layers are

1 - the general system of legitimate global policy making - which I 
think is a whole global system - WTO, WIPO, UNESCO etc, each in its own 

2 - a specific oversight body with respect to Internet's technical 
coordination functions, which ensures that these global public polices 
developed by the above systems are adhered to by the bodies undertaking 
technical coordination functions. (We will of course not want an 
oversight body to be working on its own whim and fancy but just  
ensuring compliance with legitimate global public policies made 
elsewhere, and even the decision of this oversight body should be 
subject to appeal with a judicial authority - say a special bench of the 
International Court of Justice,.)



>      If you do not believe this to be the case, it would be good to understand
>      why it is necessary to explicitly commingle these otherwise quite distinct
>      governmental roles.
> Thanks!
> /John
> Disclaimer: My views alone.

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