Law Commons^™

Governing By Negotiation: The Internet Naming System, Tamar Frankel

Faculty Scholarship

This Article is about the governance of the Internet naming system. The subject is fascinating, not simply because the naming system is an important system affecting the Internet, although it is; and not because the Internet is important, although it is. The subject is fascinating because it offers a rare opportunity to examine and learn from the evolution of an incoherent governance structure. The naming system is special in that it is the product of a new technology; it reflects the changes and pressures brought by the new technology, and involves the interests of government and private entities, domestic and …

The Managing Lawmaker In Cyberspace: A Power Model, Tamar Frankel

Faculty Scholarship

This Article is about power - the ability to gain obedience whether by captivating followers, persuading skeptics or awarding and withdrawing economic benefits. The purpose of this Article is to analyze how the power of the Internet Corporation for Names and Numbers ("ICANN") was created, augmented, strengthened and reined in. Many controversies surround ICANN, including the very foundation of its existence - the need for a single "root" in the Internet naming infrastructure - its organizational form and accountability, and the utterances, policies and actions of its management.

The purpose of this Article is not to argue and prescribe but …