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

Third Way Environmentalism

This paper is explaining the important design phases of dimensioning an unmanned conventional aircraft from scratch and will also design one according to a few chosen requirements. The design phases discussed will be all from wing dimensioning to stability and spin recovery, aircraft performance requirements and how to select a motor which overcomes these. As well as the optimal rate of climb for improved efficiency is discussed. In the end an aircraft which manages the set requirements and is stable in pitch managing spin recovery with no problem will have been dimensioned

Preliminary analysis of LDEF instrument A0187-1: Chemistry of Micrometeoroids Experiment

The Chemistry of Micrometeoroids Experiment (CME) exposed approximately 0.8 sq. m of gold on the Long Duration Exposure Facility's (LDEF's) trailing edge (location A03) and approximately 1.1 sq. m of aluminum in the forward-facing A11 location. The most significant results to date relate to the discovery of unmelted pyroxene and olivine fragments associated with natural cosmic dust impacts. The latter are sufficiently large for detailed phase studies, and they serve to demonstrate that recovery of unmelted dust fragments is a realistic prospect for further dust experiments that will employ more advanced collector media. We also discovered that man-made debris impacts occur on the LDEF's trailing edge with substantially higher frequency than expected, suggesting that orbital debris in highly elliptical orbits may have been somewhat underestimated

Reconstructing World Politics: Norms, Discourse, and Community

This Article argues that the conventional (rationalist) approach to world politics characterized by political bargain cannot fully capture the new social reality under the contemporary global ambience where ideational factors such as ideas, values, culture, and norms have become more salient and influential not only in explaining but also in prescribing state behaviors. After bringing rationalism’s paradigmatic limitations into relief, the Article offers a sociological framework that highlights a reflective, intersubjective communication among states and consequent norm-building process. Under this new paradigm, one can understand an international organization as a “community” (Gemeinschaft), not as a mere contractual instrument of its contracting parties (Gesellschaft). The Article applies the new paradigm to the World Trade Organization (WTO) as it describes the WTO’s institutional evolution from a power-oriented, tariff-reducing contract to a norm-oriented world trade community