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Procedures for Dispute Resolution or for Commercial Control?: Reinforcing the Status Quo in Internet Governance

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Authors
Woo, Jisuk
Issue Date
2004
Publisher
Graduate School of Public Administration, Seoul National University
Citation
Korean Journal of Policy Studies, Vol.18 No.2, pp. 31-52
Abstract
This study examines how Internaet domain names came to be governed by ICANN, a non-governmental, non-profit private international organization, and investigates how domain name disputes are dealt with by its newly adopted UDRP(Uniform Dispute Resolution System). The analysis examines UDRP policy and rules, and empirically assesses the relationship between decisions of the proceedings and the different factors involved. The findings show that UDRP operates in ways that maximize the commercial interests of existing, large companies at the expense of interests of individuals and small, new companies. The current regime, gives priority to preempting intellectual property-related disputes to protect intellectual property rights, rather than coordinating the use of domain names by individuals and companies. In this process, the commercial status quo of the Internet is reinforced, and the Internet is ironically placed under the most centralized control because the UDRP system is forces upon all gTLD domain names. This paper concludes excluding government and relying on private ordering and self-governance for rule making and the procedures of alternative dispute resolution, may be dangerous to individual interests, especially when the role of government is excluded and individuals' participation remains low.
ISSN
1225-5017
Language
English
URI
https://hdl.handle.net/10371/69857
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Graduate School of Public Administration (행정대학원)Dept. of Public Administration (행정학과)Korean Journal of Policy Studies (정책논총)Korean Journal of Policy Studies (정책논총) vol.18(2) (2004)
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