Territorialization of the Internet Domain Name System

55 Pages Posted: 27 Mar 2017  

Marketa Trimble

University of Nevada, Las Vegas, William S. Boyd School of Law

Date Written: March 25, 2017

Abstract

A territorialization of the internet – the linking of the internet to physical geography – is a growing trend. Internet users have become accustomed to the conveniences of localized advertising, have enjoyed location-based services, and have witnessed an increasing use of geolocation and geoblocking tools by service and content providers who – for various reasons – either allow or block access to internet content based on users’ physical locations. This article analyzes whether, and if so how, the territorialization trend has affected the internet Domain Name System (“DNS”). As a hallmark of cyberspace governance that aimed to be detached from the territorially-partitioned governance of the physical world, the DNS might have been expected to resist the territorialization trend – a trend that seems antithetical to the original design of and intent for the internet as a globally distributed network that lacks a single point of control. However, the DNS has never been completely detached from physical geography, with which it has many ties, and the article shows that the territorialization trend is detectable in the DNS as well. The article contemplates what impact, if any, the trend will have on the future of the DNS – a future that is challenged by the role of internet search engines, whose predominant use by internet users could render the DNS, as we know it today, obsolete.

Keywords: internet, domain name, DNS, ICANN, gTLD, UDRP, dispute resolution, online, territory, territoriality, territorialization, ccTLD, new gTLD, choice of law, applicable law, conflicts of law, governance, trademark, geographical indication, state, country, brand, territorial fidelity, authenticity

Suggested Citation

Trimble, Marketa, Territorialization of the Internet Domain Name System (March 25, 2017). Pepperdine Law Review, Vol. 45, 2017. Available at SSRN: https://ssrn.com/abstract=2940864

Marketa Trimble (Contact Author)

University of Nevada, Las Vegas, William S. Boyd School of Law ( email )

4505 South Maryland Parkway
Box 451003
Las Vegas, NV 89154
United States

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