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ABOUT THE BOOK

This topical book critically examines the regulatory framework for generic Top-Level Domains (gTLDs) on the Internet. The regulation drawn up by the Internet Corporation for Assigned Names and Numbers (ICANN) applies at a global level, complementing national and international law. These rules form part of a growing body of transnational private regulation.

Generic Top-Level Domains offers a clear and engaging analysis of how ICANN has tackled a diverse set of regulatory issues related to the introduction of new gTLDs, such as property rights, competition and consumer protection. Studying recent case law, the book argues for a stronger focus on procedural fairness for future introductions of new gTLDs. It also highlights how ICANN’s contractual framework regulates the registration and use of domain names and argues that ICANN’s regulatory authority ought to be clarified in order to avoid regulatory overreach.

Uniquely comprehensive, this book will appeal to students and scholars with an interest in Internet governance, domain name law and transnational private regulation. Practitioners working in the domain name industry will also find this a valuable resource.

TABLE OF CONTENTS

PART I ICANN AND GENERIC TOP-LEVEL DOMAINS
1. Introduction

2. A global ‘private’ regime governing the Domain Name System (DNS)

3. The Internet Corporation for Assigned Names and Numbers (ICANN) on a path toward a constitutional system

4. The 2012 generic Top-Level Domain (gTLD) programme

PART II THE INTERNET CORPORATION FOR ASSIGNED NAMES AND NUMBERS (ICANN) AS A TRANSNATIONAL REGULATOR
5. Transnational private regulation

6. The Internet Corporation for Assigned Names and Numbers’ (ICANN’s) regulatory authority

PART III PROPERTY RIGHTS AND COMPETITION IN THE DOMAIN NAME MARKET
7. Property rights in generic Top-Level Domains (gTLDs)

8. Market regulation

PART IV THE PROCEDURE FOR ALLOCATING GENERIC TOP-LEVEL DOMAIN (GTLD) RIGHTS
9. The application process

10. Expert determinations and procedural fairness

PART V REGULATING DOMAIN NAME REGISTRATION AND USE
11. ‘Public interest’ regulation

12. Regulated non-use of domain names

13. Concluding remarks

Bibliography

Index