Legal Mechanisms for Governing the Transition of Key Domain Name Functions to the Global Multi-Stakeholder Community

In Who Runs the Internet?: The Global Multi-Stakeholder Model of Internet Governance, Vol. 2, Pg. 67 (Centre on International Governance Innovation & Chatham House 2017).

U of Penn Law School, Public Law Research Paper No. 18-23

12 Pages Posted: 1 Oct 2018

See all articles by Aaron Shull

Aaron Shull

Independent

Paul Twomey

Argo Pacific

Christopher S. Yoo

University of Pennsylvania Carey Law School; University of Pennsylvania - Annenberg School for Communication; University of Pennsylvania - School of Engineering and Applied Science

Date Written: 2017

Abstract

This Chapter proposes an alternative approach to the IANA transition that migrates the existing core contractual requirements imposed by the US government to the existing IANA functions customers. It also advances modest internal accountability revisions that could be undertaken within ICANN’s existing structure. Specifically, it advocates that the Independent Review Tribunal charged with reviewing certain ICANN board of directors-related decisions be selected by a multi-stakeholder committee rather than being subject to approval by ICANN and expanding the grounds for review to cover all of the rubrics recommended by ICANN’s “Improving Institutional Confidence” process in 2008-2009, including fairness, fidelity to the power, cogency of decision making and addressing the public interest. This new tribunal could be drawn from a standing panel of internationally recognized relevant technical experts, as well as internationally recognized jurists. Members of ICANN’s various stakeholder groups and the public should be able to make comments on the proposed bench before final appointment.

Keywords: Computer law, Internet, electronic commerce, ICANN, Internet Corporation for Assigned Names and Numbers, IANA, Internet Assigned Numbers Authority, Independent Review Tribunal, grounds for review, fairness, fidelity to the power, cogency of decision making, public interest, tribunal composition

Suggested Citation

Shull, Aaron and Twomey, Paul and Yoo, Christopher S., Legal Mechanisms for Governing the Transition of Key Domain Name Functions to the Global Multi-Stakeholder Community (2017). In Who Runs the Internet?: The Global Multi-Stakeholder Model of Internet Governance, Vol. 2, Pg. 67 (Centre on International Governance Innovation & Chatham House 2017)., U of Penn Law School, Public Law Research Paper No. 18-23, Available at SSRN: https://ssrn.com/abstract=3257029

Aaron Shull

Independent

Paul Twomey

Argo Pacific ( email )

United Kingdom

Christopher S. Yoo (Contact Author)

University of Pennsylvania Carey Law School ( email )

3501 Sansom St.
Philadelphia, PA 19104-6204
United States
(215) 746-8772 (Phone)

HOME PAGE: http://www.law.upenn.edu/faculty/csyoo/

University of Pennsylvania - Annenberg School for Communication ( email )

3620 Walnut St.
Philadelphia, PA 19104-6220
United States
(215) 746-8772 (Phone)

University of Pennsylvania - School of Engineering and Applied Science ( email )

3330 Walnut St.
Philadelphia, PA 19104-6309
United States
(215) 746-8772 (Phone)

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