Amba Salelkar

For all our children


Amba Salelkar

Nothing to see here

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So, with all these potentially problematic proposals floating around, why shouldn't we be concerned? First, the secretary-general of the ITU has been clear that any changes to the ITRs will be adopted by "consensus." Finding a broad international consensus on these contentious topics will be difficult, if not impossible — meaning it is likely that the actual changes to the ITRs will be mostly procedural amendments. There will be no international consensus on issues of internet governance, pricing or the right to censor, given the deep ideological divides that define these contentious topics.

But here's the real catch: even if major changes to the ITRs are put in place, there is no practical impact. Proposed changes to the ITRs will be treated by each nation as a new treaty that they have the freedom to reject (subject, of course, to differing domestic legal frameworks). Even if a government ratifies changes to the ITRs and goes on to violate them in some way, the ITU lacks an enforcement mechanism. In short, governments will continue to act exactly the same way they acted before this WCIT — those that censor the internet retain their sovereign right to do so whether such principles are enshrined in the ITRs or rejected by international consensus.

With this in mind, why has there been much ado about nothing? The ITU has no one to blame but itself. In the run-up to a conference where the ITU is fighting to establish its relevance in the 21st century, they have made themselves out to be villains. The secrecy attached to the proposals has elicited fear that something is happening behind closed doors that will fundamentally change the nature of the internet. The media has attached undue weight to radical proposals and misconstrued the actual power of the ITU. The proposals in Dubai are, in fact, nothing new; the WCIT is merely the latest forum in which nations are airing longstanding concerns.

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