Domain Name Dispute Resolution in U.S. Courts: Should ICANN be Given Deference?

Abstract

Established in 1998, the Internet Corporation for Assigned Names and Numbers (ICANN) is a private, non-profit corporation that administers the Internet domain name system. Through its Uniform Dispute Resolution Policy (UDRP), ICANN has also become an important vehicle for resolving domain name disputes that result from “cybersquatting." The UDRP requires that parties to a domain name dispute submit to arbitration that conforms to ICANN rules. Although the parties maintain the right to seek judicial review of UDRP decisions, however, the level of deference that courts should grant those decisions remains unclear. To address this issue, this Note reviews the technological and legal history of the domain name system. This Note also examines ICANN's origins, purposes, and structure, comparing them to those of federal administrative agencies. In doing so, this Note concludes that courts reviewing UDRP decisions should grant ICANN the same deference granted to federal agencies.