How not to make PolicyWith reference to the ECT Bill

Bretton VineYet Another Internet Activist...

bretton@deepsouth.co.za

Contents

• Process overview• Personal experiences in Parliament• Lessons to be learnt• How it could be done better

Process Overview

• legislative process» Need» Mandate» Discussion» Draft papers

» Green Paper» White Paper

» Draft legislation» Debate» Law

Ecommerce Debate

• Ecommerce Discussion paper» Outlined the issues to be discussed» Covered relevant international issues» Defined problem areas

• Working groups» Break problem down into components

• Tools for facilitating communication» Web site + email + document sharing mechanism» Foresight of potential communication problems, and tools

provided to deal with these problems

Problems though

• Tools not used» Perhaps familiarity with existing tools of meetings, phone

calls and dead trees preferred to computers which don’t always work well

» Over dependence on Microsoft software? <wink>

• Exclusions» Only representative bodies, not individuals» Email went unanswered» Geographic meetings of working groups

• Urgent need for legislation

Urgency

• As a result of rapid pace:» documents produced through seemingly erratic process» bundling of extra components not necessary to the process

» critical databases» cyber inspectors» domain authority

• Legislative process:» stop-start pace» mixed public input» running under it’s own timetable

Result

• One you start the legislative process, you end up in Parliament at some point» Draft legislation released » Debate under auspices of PPCC

Personal experience of parliament

• Lack of trust, group suspicion• Logical debate complicated by political infighting• Scheduling difficulties• PPCC acknowledged administration difficulties• Media misconceptions seemingly promulgating incorrect

assumptions• Testimony from experienced technical people not given

due consideration

Obvious observations

• Geeks don’t understand politics and have little time for it» seemingly illogical processes?

• Politicians don’t understand geeks» What’s he saying?» Who is he? » Why doesn’t he speak a language I can understand?

• Black-White tensions» informed parties vs informed parties

Tensions

• ZA and Uniforum in one corner» ICANN rules for re-delegation of ccTLD’s» RFC1591

• Chairman of PPCC in the other» South African law applicable» Black-White integration representative of the country

demographics

• Stand off» But both sides seeking similar objectives» However not seeing each other’s perspectives» Complicated by commercial/political agendas

T-shirt

• The Internet will submit to the law of South Africa• RTFM!

» http://www.dictionary.com/search?q=rtfm» <jargon> Read The Fucking Manual » An (unhelpful?) guru's traditional response when someone

asks a question in a newsgroup or mailing list which he could have easily answered for himself had he bothered to RTFM.

» Personal objective was to point out the obvious oversight.

• Threatened with arrest by MP» Informed parties?

Lessons to be learnt

• Internet industry still learning the lobby process» e.g. success of SAPO in becoming preferred authentication

provider

• Technical concepts don’t translate well• Lack of trust• Participants seemingly there to speak, not to listen• Use tools provided in their intended fashion

» possible that correct use of electronic forums can facilitate good communication

» concept translation easier when everyone using same medium of communication

• Historical communication barriers still to be overcome

How it could be done better?

• Internet is a ideal communication medium» Sustainable» Open standards» Ubiquitous connectivity when everyone adheres to same

technical standards for connectivity

• Participation» Use existing Internet policy as guideline» Use Internet as communication medium» Co-operate» Collaborate» Remember we’re all just human beings at the end of the

day

Onus on you as individual:

• To get involved» Challenge apathy» Challenge assumptions

• To listen to one another• To contribute when you have something of value to add• To ask questions of each other to prevent

misunderstanding!• Where to from here?

» e.g. iWeek been successful in getting people together and communicating with each other