University of Miami Law School University of Miami School of Law Institutional Repository Articles Faculty and Deans 2003 ICANN and Antitrust A. Michael Froomkin University of Miami School of Law,
[email protected] Follow this and additional works at: https://repository.law.miami.edu/fac_articles Part of the Antitrust and Trade Regulation Commons, and the Internet Law Commons Recommended Citation A. Michael Froomkin, ICANN and Antitrust, 2003 U. Ill. L. Rev. 1 (2003). This Article is brought to you for free and open access by the Faculty and Deans at University of Miami School of Law Institutional Repository. It has been accepted for inclusion in Articles by an authorized administrator of University of Miami School of Law Institutional Repository. For more information, please contact
[email protected]. ICANN AND ANTITRUST t A. Michael Froomkin* Mark A. Lemley** The Internet's smooth functioning depends on the domain name system (DNS), which allows users to enter an address into their browser and be directed to the appropriateweb site or e-mail recipi- ent. In 1998, the Departmentof Commerce (DoC) delegated effective control over the DNS to a private, not-for-profit corporation, the Internet Corporationfor Assigned Names and Numbers (ICANN). Various aspects of ICANN have been heavily criticized by commen- tators. In this article, Professors Froomkin and Lemley address the previously neglected issue of whether ICANN and its policies violate U.S. antitrustlaw. Professors Froomkin and Lemley begin by analyzing whether ICANN would be immune from antitrust scrutiny under the state ac- tion doctrine. This would be unlikely, they conclude, because there has been no clear articulationof policy nor active supervision by the government.