Form and Substance in Cyberspace

6 J. Small & Emerging Bus. L. 93 (2002)

32 Pages Posted: 16 Jan 2016

Date Written: 2002


In this Response to the preceding article by Joe Sims and Cynthia Bauerly, A. Michael Froomkin defends his earlier critique of ICANN. This Response first summarizes the arguments in Wrong Turn In Cyberspace, which explained why ICANN lacks procedural and substantive legitimacy. This Response focuses on how the U.S. government continues to assert control over the domain name system, and how this control violates the APA, the nondelegation doctrine as articulated by the Supreme Court in Carter Coal, and public policy. Professor Froomkin then proposes that ICANN's role be more narrowly focused away from policy making towards true standard-making and technical coordination.

Keywords: ICANN, domain name, DNS, APA, nondelegation doctrine, Carter Coal, cyberlaw

Suggested Citation

Froomkin, A. Michael, Form and Substance in Cyberspace (2002). 6 J. Small & Emerging Bus. L. 93 (2002), Available at SSRN:

A. Michael Froomkin (Contact Author)

University of Miami - School of Law ( email )

P.O. Box 248087
Coral Gables, FL 33146
United States
305-284-4285 (Phone)
305-284-6506 (Fax)

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