Of Governments and Governance

14 Berkeley Tech. L.J. 617 (1999)

18 Pages Posted: 16 Jan 2016  

A. Michael Froomkin

University of Miami - School of Law

Date Written: 1999

Abstract

The Magaziner Report focuses on achieving short-term goals without giving sufficient consideration to long-term consequences affecting the structure of Internet governance and democracy in general. This overly pragmatic approach creates a paradoxical climate: overly-friendly to government intervention (in e-commerce regulation) while also overly-willing to defer to privatized governance structures (in other areas). As the recent World Intellectual Property Organization (“WIPO”) domain name/trademark process demonstrates, certain Internet governance processes raise several questions, not least discerning whether such processes include adequate notice and consultation. More traditional democratic processes, such as legislation and regulation, have routinized means of giving affected parties notice of pending decisions and of soliciting public comment. Other privatized governance processes may be equally or more legitimate, but not inevitably.

Keywords: Internet governance, democracy, WIPO, domain name, trademark, cyberlaw, regulation

Suggested Citation

Froomkin, A. Michael, Of Governments and Governance (1999). 14 Berkeley Tech. L.J. 617 (1999). Available at SSRN: https://ssrn.com/abstract=2715659

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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