Constitutional Internationalization of ICAAN's UDRAP
![handle is hein.journals/ajicl29 and id is 147 raw text is: NOTE
CONSTITUTIONAL INTERNATIONALIZATION OF ICANN'S UDRP
Ben Norton*
. INTRODUCTION
With the rise of the internet as a mechanism for generating income,
disputes over ownership of domain names continue to increase. This is
particularly true in the context of domain names that are identical or confusingly
similar to valid trademarks. Individuals have ample incentive to register such
domain names, given the relatively easy and inexpensive process of registering a
domain and the potential windfall from selling the domain to the trademark holder
or to a third party. The frequency of this practice led to the creation of the
Uniform Domain-Name Dispute-Resolution Policy (UDRP) by the Internet
Corporation for Assigned Names and Numbers (ICANN), an organization that
performs governmental responsibilities on behalf of the U.S. government pursuant
to a contract with the Department of Commerce.
The inherently global nature of the internet, as well as the influence of
the U.S. government over the internet, led the UDRP to be applied to domains
registered throughout the world, rather than simply those in the United States.
This has created both political and legal tension. Politically, many countries have
demanded greater input in the policymaking process. Additionally, the
application of U.S. intellectual property law to foreign countries through the
UDRP has created serious constitutional concerns in those countries. This Note
proposes the creation of an international body as a remedy to both issues. The
organization would have the power to create policy, which ICANN would be
charged with implementing, and would be limited in the exercise of its power
based upon a constitutional framework. Vesting policymaking power in an
international organization with participation from as many countries as possible
would increase both legitimacy and transparency. At the same time, using a
constitutional framework to constrain the organization would decentralize power
J.D. Candidate, University of Arizona, James E. Rogers College of Law, Class of
2012.
1. Memorandum of Understanding Between the U.S. Department of Commerce &
Internet Corp. for Assigned Names & Numbers (Nov. 25, 1998), available at
http://www.ntia.doc.gov/page/1998/memorandum-understanding-between-us-department-
commerce-and-internet-corporation-assigned- [hereinafter Memorandum of
Understanding]. The Memorandum of Understanding has been modified and extended
several times, most recently in an Affirmation of Commitments signed in 2009.
Affirmation of Commitments Between the U.S. Department of Commerce & Internet
Corporation for Assigned Names & Numbers (Sept. 30, 2009), available at
http://www.icann.org/en/about/agreements/aoc/affimation-of-commitments-30sepO9-en.htm.](ViewImageLocal?handle=hein.journals/ajicl29&div=8&collection=&method=preview&ext=.png&size=3)
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Constitutional Internationalization of ICAAN's UDRAP
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