In this Article, I challenge the prevailing idea that ICANN's governance of the Internet's infrastructure does not threaten free speech and that ICANN's governance of the Internet therefore need not embody special protections for free speech. I argue that ICANN's authority over the Internet's infrastructure empowers it to enact regulations affecting speech within the most powerful forum for expression ever developed. ICANN cannot remain true to the democratic norms it was designed to embody unless it adopts policies to protect freedom of expression. While ICANN's recent self-evaluation and proposed reforms are intended to ensure compliance with its obligations under its governance agreement, these proposed reforms will render it less able to embody the norms of liberal democracy and less capable of protecting individuals' fundamental rights. Unless ICANN reforms its governance structure to render it consistent with the procedural and substantive norms of democracy articulated herein, ICANN should be stripped of its decision-making authority over the Internet's infrastructure.
Strip, strip, strip. (Via IGP blog.)
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