| Summary: | 博士 === 國立交通大學 === 科技法律研究所 === 106 === The Internet Governance on Domain Name Legal System
— Focus on ICANN and Its Operation
Abstract
Domain Name is an essential core resource in the Internet. In its current operation, ICANN has played an indispensable role in whether and how to assign the domain name and how to maintain its just order of use. However, ICANN is not an international organization established by international law, but a non-profit private legal entity registered in California, U.S. Why this private legal entity established by a single nation can own such important authority in the global internet? The issue awareness of the dissertation is what the basis of its legal reason is, and what attitude to this phenomenon of each sovereign state shall adopt. In this regard, the dissertation explores the study of the organization principles and its operation of related system of ICANN.
The dissertation also introduces two theories of the internet cyberspace governance: "Cyberspace Independence Theory" and "Cyberspace Sovereignty Theory", and sets forth each application and development. Later, the dissertation learns the theory of "Public and Private Partnership" from traditional administrative law and, therefore, advances the application of the new theory in the internet governance in order to interpret the legal basis of the internet leaded and developed by the private sector. In addition, the dissertation examines ICANN's governance effectiveness by industry data analysis and field interviews and comments the reasons of its effectiveness in response to the issue awareness of the dissertation. Lastly, the dissertation summarizes the principal theory the global internet governance should adopt and illustrates the inspiration provided by the global domain name governance to Taiwan as well as brings forward the conclusions and suggestions.
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