Internet Law Reading Assignments

U. Miami School of Law Fall 1999

Part Two

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Prior assignements
Prof. Froomkin's homepage
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ICANN Basics

  1. Optional: For some basic background on how the domain name system works, see pages 4-8 of this paper [requires a .pdf reader].
  2. United States Department of Commerce, White Paper: Management of Internet Names and Numbers
  3. Optional: ICANN Bylaws (as amended up through Nov. 21, 1998)
  4. Optional: ICANN Bylaws (as amended and restated Oct. 29, 1999)
  5. ICANN, ICANN Structural Overview (June 16, 1999)
  6. Tony Rutkowski, The ICANN-GAC Organization  (HTML version) ... or try the spiffy powerpoint version
  7. Memorandum of Understanding Between the U.S. Department of Commerce and Internet Corporation for Assigned Names and Numbers
  8. Ralph Nader & James Love, Questions to Esther Dyson (Feb. 25, 1999)
  9. Esther Dyson, Reply to Questions (Feb. 25, 1999)
  10. ICANN Status Report to Department of Commerce (June 15, 1999)
  11. A debate over amendment to the By-laws
    1. Froomkin, Comments on Proposed Changes to ICANN By-Laws
    2. Joe Sims, Response to Froomkin
    3. Froomkin, ICANN and Individuals
    4. Joe Sims, Re: [names] From Michael Froomkin
  12. Optional: ICANN Board Approves UDRP Implementation Documents and Bylaws Framework for At Large Membership (Oct. 24, 1999)
  13. Optional: Visit the ICANN site, the Domain Name Handbook, or  ICANNWatch.org and poke around.

Domain Names & Trademarks

  1. You might want to begin by reading Chapter 1 of the WIPO report (below) - it's optional, but it gives a general introduction to the issues.
  2. NSI dispute policy (version 3)
  3. Panavision v. Toeppen, 938 F. Supp. 616 (C.D. Cal. 1996)
  4. Planned Parenthood Fed. v. Bucci, 42 U.S.P.Q.2d 1430, 1997 WL 133313 (S.D.N.Y. 1997), aff’d, 152 F.3d. 920 (2d Cir. 1998) (table), cert. denied, 119 S.Ct. 90 (1998).
  5. Washington Speakers Bureau, Inc., v. Leading Authorities, Inc. 33 F. Supp. 2d 488 (E.D. Va. 1999)
  6. Avery Dennison Corp. v. Sumpton  (9th Cir. Aug. 23, 1999)
  7. British Telecom v. One In A Million Ltd. (England, Court of Appeal 1998)
  8. WIPO, The Management of Internet Names and Addresses: Intellectual Property Issues. Ch. 1, 3 & 4.  The Introduction and Chapter 1 are optional.  The key paragraphs of chapter 3 for our purposes are 129-151, 170-188, 194-196.  I think you should read all of Chapter 4.
  9. Froomkin, A Commentary on WIPO's The Management of Internet Names and Addresses: Intellectual Property Issues.  Please read at least paras 23-75 & 89-145.
  10. ICANN, Uniform Domain Name Dispute Resolution Policy
  11. ICANN, Rules for Uniform Domain Name Dispute Resolution Policy

The ccTLDs Debate

The ICANN Bylaws describe the Governmental Advisory Committee (GAC) as follows:
                   There shall be a Governmental Advisory Committee. The initial chairman of the Governmental
                   Advisory Committee shall be appointed by the Board and shall hold that position until the
                   election of his or her successor; subsequent chairs shall be elected by the members of the
                   Governmental Advisory Committee pursuant to procedures adopted by such members.
                   Members of the Governmental Advisory Committee shall be representatives of national
                   governments, multinational governmental organizations and treaty organizations, each of which
                   may appoint one representative to the Committee. The Governmental Advisory Committee
                   should consider and provide advice on the activities of the Corporation as they relate to
                   concerns of governments, particularly matters where there may be an interaction between the
                   Corporation's policies and various laws, and international agreements. The Board will notify
                   the chairman of the Governmental Advisory Committee of any proposal for which it seeks
                   comments under Article III, Section 3(b) and will consider any response to that notification
                   prior to taking action.
     
  1. GAC Operating Principles (25 May 1999).  Note especially the "whereas" and "considering" paragraphs at the top.
  2. GAC Communiqués
    1. March 2, 1999
    2. May 25, 1999
    3. Nov. 2, 1999
  3. Internet Rights Coalition, Brief Before the Internet Corporation for Assigned Names and Numbers
  4. [Document allegedly handed out by some government(s) at Nov. 2, 1999 GAC meeting:] Anonymous, Principles for Delegation and Management of Country Code  Top Level Domains