GIGANET Reference: A Constitutional Solution for Internet Governance

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A Constitutional Solution for Internet Governance

Rolf H. Weber
Faculty of Law, University of Zurich

R. Shawn Gunnarson
Kirton McConkie

June 4, 2012

Columbia Science and Technology Law Review, Forthcoming

Dr. Rolf Weber and  R. Shawn Gunnarson have written a paper on ICANN accountability that has been accepted for publication by the Columbia Science and Technology Law Review. In brief, the paper argues that ICANN should hold the ICANN Board of Directors accountable through mechanisms both independent of the Board and binding on it. They further argue that such mechanisms should be grounded in traditional principles of constitutional government, such as the enumeration and separation of the Board’s powers, a declaration of stakeholder rights, and an independent tribunal with the authority to issue decisions binding on the ICANN Board. Such measures should be adopted through a ratification process that includes representatives from every sector of ICANN’s global stakeholder community.

The paper can be downloaded at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2076780

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