Hardback
Generic Top-Level Domains
A Study of Transnational Private Regulation
9781786435132 Edward Elgar Publishing
This topical book examines the regulatory framework for introducing generic Top-Level Domains on the Internet. Drawn up by the Internet Corporation for Assigned Names and Numbers (ICANN), these rules form part of a growing body of transnational private regulation, complementing national and international law. The book elucidates and discusses how ICANN has tackled a diverse set of economic and regulatory issues, including competition, consumer protection, property rights, procedural fairness, and the resolution of disputes.
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Critical Acclaim
Contents
More Information
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.
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.
Critical Acclaim
‘Tobias Mahler''s book Generic Top-Level Domains is a highly important contribution to the newly developing concept of transnational private regulation. The alteration and expansion of the domain name space since 2012 merit the given deep analysis of the globally applicable rules pertaining to an emerging class of legal sources and of the changing property and contract rights notions. The book convincingly also pleads for the implementation of a more elaborated ICANN arbitration system.’
– Rolf H. Weber, University of Zürich, Switzerland
''This study by Tobias Mahler is a sophisticated, highly recommended piece of research. It describes the whole universe of ICANN’s theories and their role in establishing new gTLDs. With his broad knowledge and expertise in information law, Tobias Mahler capably defines new problems related to the regulation of gTLDs. Everyone who is interested in Internet governance definitely needs to buy this masterpiece of research.''
– Thomas Hoeren, University of Muenster, Germany
– Rolf H. Weber, University of Zürich, Switzerland
''This study by Tobias Mahler is a sophisticated, highly recommended piece of research. It describes the whole universe of ICANN’s theories and their role in establishing new gTLDs. With his broad knowledge and expertise in information law, Tobias Mahler capably defines new problems related to the regulation of gTLDs. Everyone who is interested in Internet governance definitely needs to buy this masterpiece of research.''
– Thomas Hoeren, University of Muenster, Germany
Contents
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
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
