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    - Wrong Turn in Cyberspace: Using ICANN to Route Around the APA & the Constitution (html)
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    Highlights of the ICANNWatch Archive
    (June 1999 - March 2001)

    The Big Picture My Not-So-Genteel Debate With Joe Sims
    posted by michael on Saturday May 25 2002, @05:51AM

    The Journal of Small and Emerging Business Law just published its interesting ICANN symposium. Some of the articles treat the general legal status of ICANN, other focus on the UDRP. Unfortunately, the Journal only publishes abstracts of the articles on its web pages, with links to the Westlaw (a subscription service for lawyers) full-text version. Although I was invited to the symposium, I wasn't able to attend it. But having seen a copy of A Response to Professor Froomkin: Why ICANN Does Not Violate the APA or the Constitution, Joe Sims's attempted hatchet job on my article Wrong Turn in Cyberspace: Using ICANN to Route Around the APA and the Constitution, 50 Duke L.J. 17 (2000), I felt I should write a reply, which the Journal also published as Form and Substance in Cyberspace (.pdf).

    Joe Sims demanded the last word, and the Journal agreed to his demand, so it also published his A Reply to Professor Froomkin's Form and Substance in Cyberspace. Perhaps the most amazing thing about all this -- at least to an academic -- is that Sims and his co-author Cynthia L. Bauerly spend a lot time beating up on argument I never make (and never footnote where they think I made it, a telling lapse in an academic article), that the APA applies directly to ICANN rather than applying to the US Government's reliance on ICANN. When I pointed this out in my response, the reaction was rather odd. Rather than admit error, in their reply they say it's nice I've changed my argument!

    Despite what I see as the remarkably insulting and inaccurate content of both of these articles, I've offered to put them online if the authors will send me a suitably formatted copy -- people should be able to make up their own minds as to who has the better of the argument. Or perhaps ICANN would host a copy of the whole debate?

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  • symposium
  • Wrong Turn in Cyberspace: Using ICANN to Route Around the APA and the Constitution
  • Form and Substance in Cyberspace
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