[Air-L] Just published: Generic Top-Level Domains: A Study of Transnational Private Regulation (Edward Elgar 2019)

[Tobias Mahler]

Dear colleagues,

Apologies for self-promotion and cross-posting. The following book may be of interest to this list: 

“Generic Top-Level Domains: A Study of Transnational Private Regulation”. 

It was just published in the series “Elgar Studies in Law and Regulation”. Please find further information below and here: 
https://www.e-elgar.com/shop/generic-top-level-domains


Best regards,

Tobias 



Tobias Mahler
Professor, PhD
Norwegian Research Center for Computers and Law Department for Private Law Faculty of Law University of Oslo



Critical acclaim

‘Tobias Mahler's book Generic Top-Level Domains is a highly important contribution to the newly developing concept of transnational private regulation. The alteration and expansion of the domain name space since 2012 merit the given deep analysis of the globally applicable rules pertaining to an emerging class of legal sources and of the changing property and contract rights notions. The book convincingly also pleads for the implementation of a more elaborated ICANN arbitration system.’
– Rolf H. Weber, University of Zürich, Switzerland

'This study by Tobias Mahler is a sophisticated, highly recommended piece of research. It describes the whole universe of ICANNs theories and their role in establishing new gTLDs. With his broad knowledge and expertise in information law, Tobias Mahler capably defines new problems related to the regulation of gTLDs. Everyone who is interested in Internet governance definitely needs to buy this masterpiece of research.'
– Thomas Hoeren, University of Muenster, Germany

Publisher’s summary
This topical book critically examines the regulatory framework for generic Top-Level Domains (gTLDs) on the Internet. The regulation drawn up by the Internet Corporation for Assigned Names and Numbers (ICANN) applies at a global level, complementing national and international law. These rules form part of a growing body of transnational private regulation. 

Generic Top-Level Domains offers a clear and engaging analysis of how ICANN has tackled a diverse set of regulatory issues related to the introduction of new gTLDs, such as property rights, competition and consumer protection. Studying recent case law, the book argues for a stronger focus on procedural fairness for future introductions of new gTLDs. It also highlights how ICANN’s contractual framework regulates the registration and use of domain names and argues that ICANN’s regulatory authority ought to be clarified in order to avoid regulatory overreach.


Contents: 

1. Introduction
2. A Global ‘Private’ Regime Governing the Domain Name System (DNS) 
3. The Internet Corporation for Assigned Names and Numbers (ICANN) on a Path Toward a Constitutional System 
4. The 2012 Generic Top-level Domain (gTLD) Programme 
5. Transnational Private Regulation 
6. The Internet Corporation for Assigned Names and Numbers’ (ICANN’s) Regulatory Authority 
7. Property Rights in Generic Top-level Domains (gTLDs) 
8. Market Regulation 
9. The Application Process 
10. Expert Determinations and Procedural Fairness 
11. ‘Public Interest’ Regulation 
12. Regulated Non-use of Domain Names 
13. Concluding Remarks