A Critique of WIPO's RFC3
A. Michael Froomkin
University of Miami - School of Law
The World Intellectual Property Organization’s plan to restructure the way Internet domain names in .com, .net, and .org are assigned and adjudicated is deeply flawed. The WIPO plan’s flaws include: bias, enabling censorship, zero privacy, intimidation, a tilting of the playing field, and a smorgasbord approach to law.
This paper proposes an alternative, fairer, reform plan. The key elements of the plan are: Reduce speculative registration: Require advance payment before registration; Penalize false contract details: De-register domains with fake contact information; Create special rules to penalize mass speculation; Trust courts to continue to clarify relevant law; Understand that rapid changes in technology may make domain names less important; Create differentiated commercial and non-commercial top-level domains.
Number of Pages in PDF File: 58
Keywords: WIPO, Internet law, Internet governance, domain names, DNS, international law
Date posted: January 16, 2016 ; Last revised: January 20, 2016