ICANN Drifting Toward Online Content Regulation, Says Law Professor

By CircleID Reporter

In a paper for the Washington & Lee Law Review, University of Idaho College of Law Professor Annemarie Bridy, depicts ICANN's ambivalent drift into online content regulation through its contractual facilitation of a "trusted notifier" copyright enforcement program between the Motion Picture Association of America (MPAA) and two registry operators for new gTLDs, Seattle-based Donuts and Abu Dhabi-based Radix. She wrote: "It is the first of its kind, however, to rely on stewards of the Internet's core technical functions. And that makes it different from the others in a way that implicates Internet infrastructure and governance."

— "[T]his article reckons both descriptively and normatively with the fact that registry operators are now acting — without precedent but with ICANN's blessing — as private copyright enforcers. No matter how vehemently ICANN officials insist that they are minding the limits of their mission, the truth of the matter is that ICANN knowingly created a contractual architecture for the new gTLDs that supports a program of private, DNS-based content regulation on behalf of copyright holders and, potentially, other 'trusted' parties."

— "[I]n creating that architecture, ICANN did nothing to secure any procedural protections or uniform substantive standards for domain name registrants who find themselves subject to this new form of DNS regulation. That omission should be a red flag for those who worry that ICANN’s newly minted independence from the U.S. government will make its internal governance more susceptible to capture by powerful commercial and governmental interests."

Related topics: Domain Names, ICANN, Law

Comments

comments posted Paul Vixie  –  Mar 01, 2017 3:32 PM PST

see also http://www.circleid.com/posts/20170301_notice_takedown_borders_and_scale/