DOMAIN NAME GOVERNANCE
Assignment prepared by Stanislav Dolgopolov for the October 11 session
I. Background Information on the Issue of Domain Name Governance and the ICANN
(1) Committee for Information, Computer and Communications Policy, Organization for Economic Cooperation and Development, Input to the United Nations Working Group on Internet Governance (2005)
read pp. 16 (chart), 22-25 (historical introduction), 38-39 (confusing abbreviations)
(2) Wikipedia, ICANN
(a somewhat critical introduction to the ICANN; read the main article and browse the cross-referenced links if additional background is needed)
(3) Memorandum of Understanding Between the
II. ICANN’s Internal Governance
(1) A. Michael Froomkin, Beware the ICANN Board Squatters (2000)
(2) Current Version of the ICANN Bylaws
read Art. I, secs. 1 and 2; Art. III, sec. 2; Art. IV, sec. 2, pts. 1-3, sec. 3, pt. 1; Art. VI, secs. 1-5; Art. VI, secs. 1-2 (pay attention to the descriptions of various constituencies and their relative powers and the process of electing the board)
III. Antitrust Implications Under Domestic Law
(1) A. Michael Froomkin and Mark A. Lemley, ICANN and Antitrust, 2003
(skim pp. 52-60, 65-68)
IV. The Future of the ICANN: Governmental, Private, or International Control?
(read the statement of John M.R. Kneuer, Acting Assistant Secretary, U.S. Department of Commerce)
(2) ICANN’s Press Release (Sept. 21, 2006)
(3) ICANN’s Affirmation of Responsibilities (Sept. 25, 2006)
(4) Comments of the Internet Governance Project, The Continued Transition of the Technical Coordination and Management of the Internet Domain Name and Addressing System
V. Broader Critical Questions
What is the most appropriate governmental or international body to oversee domain name governance (even if a private body is in charge)?
What is the true (or aspirational) meaning of the "multi-constituency" approach to domain name governance? How should public or private decision-makers approach the issue of balancing different interests? How would one even identify stakeholders?
What procedural safeguard should be implemented in order to protect various stakeholders from an arbitrary exercise of power?
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