Reflections on Exclusion and Coordination in Cyberspace: The Case of Domain Names

Abstract

"We will begin in Part I by describing some technical features of the Internet and of its governance, just enough to make the following discussion intelligible. Then in Part II we will consider the evolution of a property rights scheme in domain names, and the temptation to consider them a species of mutant trademark. Finally, in Part III we will use the domain names problem as a jumping-off point to reflect on the possibility of the Internet as a self-ordering legal environment. Self-regulation is seen by many Internet partisans as a very attractive possibility, mostly because it is seen as offering a realm of free choice and access to information never before possible. The alternatives involving conflicting and onerous territorial regulations seem unworkable and unattractive. Yet, at least as food for thought for these advocates, we offer cautions about the pitfalls and limitations of self-regulation."