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 study uses a combination of legal analysis and international relations theory. It critically examines the United States' response to international disputes over domain names, specifically the Anticybersquatting Consumer Protection Act (ACPA). The authors analyze the ACPA's provisions related to adjudicative and prescriptive jurisdiction, focusing on Section 1125(d)(2). They also consider the role of realspace sovereigns in the international regulation of the domain names system.
Results: The study finds that the ACPA's provisions related to adjudicative jurisdiction are problematic, as they appear to exceed the constitutional requirements for adjudicative jurisdiction in the U.S. courts. The authors conclude that the provision is notable mainly for its aggressive approach to jurisdiction. They also argue that realspace sovereigns, especially the United States, have a critical role in the continued viability of a global unsegmented domain names system. They suggest that regulatory significance of geography and the essentially arbitrary nature of the present territorial locations of the key components of the domain name system lead to incentives for realspace sovereigns to alter the geographic facts, which could result in the segmentation of the domain name system.
Implications: The study suggests that realspace sovereigns, particularly the United States, have strong interests in avoiding segmentation of the domain name system. This implies the need for realspace sovereigns to coordinate the regulation of the system. The study also highlights the potential problems with the ACPA's provisions related to adjudicative jurisdiction, which could have implications for the enforcement of trademark rights in domain names.
Link to Article: https://arxiv.org/abs/0109086v3 Authors: arXiv ID: 0109086v3