The Internet has always attracted libertarians and iconoclasts who found a freedom
in cyberspace, which offered an anonymity and anarchy absent in the unwired
world. Not surprisingly, regulating the Internet has long proved a hazardous
endeavor. What little regulation exists is frequently criticized and its supporters “flamed” (or
vilified by e-mail).
The Internet Corporation for Assigned Names and Numbers (ICANN) bears much
of this anti-regulatory wrath. ICANN emerged in 1998 when the Clinton administration
directed the U.S. Department of Commerce to privatize management of the domain
name system, the database ensuring that Internet browsers call up the right
information when someone enters a Web site address. In addition, ICANN manages
disputes over domain names and determines whether .com and .org will be augmented
by .biz, .travel, or even Chinese characters. These responsibilities may not
seem momentous, but if any organization governs the Internet, it's ICANN.
University of Oslo legal scholar Susan Schiavetta and Konstantinos Komaitis
of the University of Strathclyde (in Glasgow, Scotland) describe and denounce
ICANN in a recent issue of the International Review of Law, Computers & Technology.
The authors dub ICANN a socially pernicious force that has “managed to initiate
a great deal of control over the 'inhabitants' of cyberspace.”
ICANN surely deserves some of this opprobrium, especially for failing to represent
the international character of Web users. As the birthplace of the Internet,
the United States dominates Net management, but placing ICANN outside the Department
of Commerce was supposed to transform it into a truly international governing
body. However, movement in this direction has been slow and halting, not least
because ICANN has abandoned democracy: It recently...