Learn a little bit about what ICANN is, what it does, and get some general background thanks to Wikipedia’s ICANN entry. The number and scope of issues surrounding ICANN is immense. For my project, I have decided to focus on ICANN’s management of the Domain Name System (DNS). In particular, ICANN is responsible for assigning top level domains (TLD’s). Familiarize yourself with the various types of TLD’s, particularly gTLD’s, sTLD’s, and ccTLD’s.
For a brief autobiographical perspective, visit this portion of ICANN’s homepage. Feel free to browse around the ICANN site a bit. For example, the graph of ICANN’s organizational structure is helpful for understanding how the branches of ICANN are divided, how they interact with each other, and to whom they ultimately report. Speaking of reporting, visit your University of Michigan connection to ICANN, Board of Directors member Prof. Susan Crawford.
Finally, for an excellent breakdown of how all of this came to pass, look at this article by Jonathan Weinberg (read only up to page 212).
ICANN is now poised to add new gTLD’s to the DNS (read about it here as well). However, expanding the available universe of gTLD’s is an incredibly complicated process. If you don’t believe me, check out ICANN’s draft flowchart for the evaluation process.
Familiarize yourself with some of the past/existing problems associated with the process of assigning domain names. They include such areas as:
●Trademark Dilution. Be sure you understand both blurring and tarnishment.
● Cybersquatting (read only pages 54-65). As it’s the internet, the issue isn’t merely confined to one corner of the globe either. See an article from a year ago discussing the problem in Asia.
● Domain Name Tasting and Domain Kiting. Apparently, tasting continues to be a problem. But, read why some entities might be complaining (read only the sections on criticism and irony). Finally, read ICANN’s response at the beginning of this year (skip to section 6). Get an outside view on ICANN’s behavior as well.
● Gripe Sites. Depending on your perspective, these sites can either be lifesaving or business destroying.
Now, turn your attention to ICANN’s vehicle for dispute resolution. Concern for a quick and relatively inexpensive adjudication process led to the Uniform Dispute Resolution Policy (UDRP). However, while it may indeed be quick and cheap, read about the allegations that the UDRP is not uniform.
Apart from what ICANN has done to enact the UDRP, the U.S. government has also addressed domain name issues, particularly in the context of trademark rights. Specifically, Congress has passed the Anticybersquatting Consumer Protection Act (ACPA). The ACPA now forms part of the larger U.S. trademark law, portions of which are contained in 15 U.S.C. § 1125 (look at subsection d). Read what U.S. courts think about who has the final say over domain names in the following decisions (your main goal here should be to determine what the U.S. courts are saying about the interaction between U.S. law and the UDRP, or U.S. law and foreign law):
Sallen v. Corinthians Licenciamentos LTDA, 273 F.3d 14 (1st Cir. 2001).
Dluhos v. Strasberg, 321 F.3d 365 (3d Cir 2003).
Barcelona.com, Inc. v. Excelentisimo Ayuntamiento De Barcelona, 330 F.3d 617 (4th Cir. 2003).
You’ve now seen that ICANN is potentially going to open up the gTLD space to an unprecedented extent. You’ve also seen some past problems related to domain names. This new round of gTLD’s may even pose new problems not seen before. In light of these facts, what law should govern, and who should adjudicate disputes? Is it unfairly biased in favor of American interests? Is it unfairly biased in favor of those who can afford the expense to litigate in the U.S.? Should the U.S. continue to control ICANN? Should it turn it over to someone else? Who would that be? (If you want some suggestions, reread the Wikipedia ICANN page under the header of “Alternatives”)
Is the current system good? If not, propose a solution. To start you off, read this.
Is the primary purpose of the internet to act as a repository of knowledge from which we are able to pull out what we want with the greatest efficiency? If so, should the domain name system be a digital Dewey decimal system. Or, is the internet first and foremost a giant engine of commerce? If your answer is both, how do you decide which interest governs at what time, or in what circumstances? What effect does your opinion in this area have on your view of the gTLD expansion?
For some inspiration on this issue check out the following sources:
● The Google Book Project. Read this, this (note the olive branch to commerce, in particular IP rights-holders), and this. This type of use of the internet is clearly as a “library”. Does this mean that the DNS should reflect that attitude as well?
● StubHub (how it works). Read an article extolling the benefits of StubHub on CNN’s Fortune.
● Whoever has the most bucks wins?
Read the history of the .xxx domain. Also check out the stories about it on MSNBC, CNet, and a commentary from W3C. Note some of the issues we’ve already discussed, namely, concerns over the laws governing these domains/sites and trademark dilution, for example.
What’s your opinion? Should the .xxx domain be allowed? If not, do you agree with the alternative of establishing an adult content free zone? The leading suggestion appears to be .kids. Is this a better alternative? If so, why should sites for children have to move to accommodate pornographers?
Please come prepared to discuss the 3 specific question areas I have raised in light of the background material laid out at the beginning of the reading assignment. We’ll hit them in the order listed, and I hope to spend about 15-20 minutes on each issue. I’d really like to get some non-linear discussion going because I think it leads to more interesting outcomes (i.e. Not just go around the table in sequential order). However, I will resort to that if necessary.