The ICANN Experiment

Authors

• Susan P. Crawford, Benjamin N. Cardozo School of Law

Abstract

The article argues that the Internet Corporation for Assigned Names and Numbers (ICANN) derives its legitimacy primarily through a consensus-based governance model, rather than democratic or Administrative Procedure Act (APA)-style frameworks. While ICANN’s consensus model is imperfect and faces challenges such as holdouts and centralized decision-making tendencies, it remains the most viable approach for ensuring accountability, transparency, and global acceptance in internet governance. The article emphasizes that ICANN’s legitimacy depends on demonstrated consensus, as seen in its history, particularly in the development of the Uniform Dispute Resolution Policy (UDRP). It warns that shifting away from consensus toward centralized decision-making risks undermining ICANN’s effectiveness and legitimacy in global governance.

Disciplines

Dispute Resolution and Arbitration | Intellectual Property Law | Law | Science and Technology Law

Recommended Citation

Susan P. Crawford, The ICANN Experiment, 12 Cardozo J. Int'l & Comp. L. 409 (2004).
Available at: https://larc.cardozo.yu.edu/cjicl/vol12/iss2/3