02 Dec '13, 4am

Abstract: ICANN ... as a non-state actor, with no clear source of authority under international law, ICANN has...

Its structural safeguards, based on the multi-stakeholder model, entrench roles for governments, the private sector and civil society in the policy-making process. The privileged position given to government representatives in the Governmental Advisory Committee (GAC) enhances ICANN’s weak claims to legitimacy, but risks undermining procedural safeguards through undue government influence. ICANN’s procedural safeguards include requirements to act openly, transparently and fairly, and incorporate an independent review mechanism. This article evaluates ICANN’s claims to legitimacy by means of a case study of the process for approving the controversial .XXX gTLD. An analysis of the disputes involving .XXX reveals flaws with ICANN’s structural and procedural safeguards. As this article argues, however, ICANN’s weak claims to legitimacy do not necessarily mean that DNS manageme...

Full article: http://www.domainnews.com/what-do-the-xxx-disputes-tell-u...

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