Realspace Sovereigns in Cyberspace: The Case of Domain Names

Title: Realspace Sovereigns in Cyberspace: The Case of Domain Names

Research Question: How do realspace sovereigns, particularly the United States, respond to challenges in cyberspace, specifically in relation to domain names?

Methodology: The authors used legal analysis and international law principles to examine the Anticybersquatting Consumer Protection Act (ACPA) of the United States. They also considered the geographic implications of domain names and the potential for future segmentation of the domain name system.

Results: The authors found that the ACPA's assertions of both adjudicative and prescriptive jurisdiction over foreign registrants are problematic. They argue that the in rem provision, which allows a trademark owner to seek cancellation or transfer of a domain name, is unconstitutional and has been misinterpreted by courts. They also found that realspace sovereigns have a critical role in the regulation of the domain names system, which can be supported by recognized principles of prescriptive jurisdiction in international law or de facto results of geographic facts.

Implications: The authors suggest that realspace sovereigns, especially the United States, have strong interests in avoiding segmentation of the domain name system. They argue that these sovereigns must seek to coordinate the regulation of the system to ensure its continued viability.

Link to Article: https://arxiv.org/abs/0109086v2 Authors: arXiv ID: 0109086v2