Wrong turn in cyberspace: using ICANN to route around the APA and the Constitution. (Internet Corporation for Assigned Names and Numbers, Administrative Procedure Act)

Duke Law Journal, October, 2000 by Froomkin, A. Michael

ABSTRACT

The Internet relies on an underlying centralized hierarchy built into the domain name system (DNS) to control the routing for the vast majority of Internet traffic. At its heart is a single data file, known as the "root." Control of the root provides singular power in cyberspace.

This Article first describes how the United States government found itself in control of the root. It then describes how, in an attempt to meet concerns that the United States could so dominate an Internet chokepoint, the U.S. Department of Commerce (DOC) summoned into being the Internet Corporation for Assigned Names and Numbers (ICANN), a formally private nonprofit California corporation. DoC then signed contracts with ICANN in order to clothe it with most of the...

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