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Reflections on Internet Governance and Regulation with Special Consideration of the ICANN by Luís de Lima Pinheiro [Cyberlaw by CIJIC]

IANA logoAbstract: This article is focused on very general issues of Internet governance and regulation and on the potentialities of the adopted general conceptions with respect to the ICANN evolution. It advocates for an autonomous governance of the Internet, based upon a model of multistakeholder and globalized organizations.

This autonomous governance is connected with a co-regulation of the Internet, through a combination of the principle of autonomous regulation with public regulation in all areas where autonomous regulation is insufficient. This public regulation should be fundamentally of international source.

Regarding the evolution of ICANN, it is considered the very recent Proposal to Transition the stewardship of the Internet Assigned Numbers Authority (IANA) functions from the U.S. Commerce Department’s National Telecommunications and Information Administration (NTIA) to the Global Multistakeholder Community and suggested the assumption by ICANN of the political role of a Non-Governmental Organization and the conclusion with the interested States and international organizations of standard quasi-treaties containing appropriate arbitration clauses.

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