Form and Substance in Cyberspace
A. Michael Froomkin
University of Miami - School of Law
6 J. Small & Emerging Bus. L. 93 (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.
Number of Pages in PDF File: 32
Keywords: ICANN, domain name, DNS, APA, nondelegation doctrine, Carter Coal, cyberlaw
Date posted: January 16, 2016