Wrong Turn in Cyberspace: Using ICANN to Route Around the APA and the Constitution

The Internet relies on an underlying centralized hierarchy built into the domain name system (DNS) to control the routing for the vast majority of Internet traffic. At its heart is a single data file, known as the root. Control of the root provides singular power in cyberspace. This Article first describes how the United States government found itself in control of the root. It then describes how, in an attempt to meet concerns that the United States could so dominate an Internet chokepoint, the U. S. Department of Commerce (DoC) summoned into being the Internet Corporation for Assigned Names and Numbers (ICANN), a formally private nonprofit California corporation. DoC then signed contracts with ICANN in order to clothe it with most of the U. S. government\u27s power over the DNS, and convinced other parties to recognize ICANN\u27s authority. ICANN then took regulatory actions that the U. S. Department of Commerce was unable or unwilling to make itself, including the imposition on all registrants of Internet addresses of an idiosyncratic set of arbitration rules and procedures that benefit third-party trademark holders. Professor Froomkin then argues that the use of ICANN to regulate in the stead of an executive agency violates fundamental values and policies designed to ensure democratic control over the use of government power, and sets a precedent that risks being expanded into other regulatory activities. He argues that DoC\u27s use of ICANN to make rules either violates the APA\u27s requirement for notice and comment in rulemaking and judicial review, or it violates the Constitution\u27s nondelegation doctrine. Professor Froomkin reviews possible alternatives to ICANN, and ultimately proposes a decentralized structure in which the namespace of the DNS is spread out over a transnational group of policy partners with DoC

Language Rights and International Domain Names

This research examines how international domain names (IDNs) have become a proxy solution to multilingualism and language rights on the internet. In 2009, the Internet Corporation for Assigned Names and Numbers (ICANN) approved the initiation of fully internationalised top-level domain names. In this paper, I introduce the process of initiating IDNs, and map out their technological standards and solutions in the praxis of internet governance. Then, I discuss the key players and participants in the initiation of IDNs in relation to the Internet Assigned Numbers Authority (IANA) transition of 2016 and the expiring control of the U.S. government over ICANN. Finally, I discuss the relatively new language rights paradigm, which is gaining ground in cyberspace, coupled with the increasing norm of multilingualism