"The United States government is managing a critical portion of the Internet's infrastructure in violation of the Administrative Procedures Act (APA) and the Constitution. For almost two years the Internet Corporation for Assigned Names and Numbers (ICANN) has been making domain name policy under contract with the Department of Commerce (DoC). ICANN is formally a private non-profit California corporation created, in response to a summoning by U.S. government officials, to take regulatory actions that the Department of Commerce was unable or unwilling to take directly. If the U.S. government is laundering its policy making through ICANN, it violates the APA; if ICANN is in fact independent, then the federal government's decision to have ICANN manage a public resource of such importance, and to allow - indeed, require - it to enforce regulatory conditions on users of that resource, violates the non-delegation doctrine of the U.S. Constitution. In either case, the relationship violates basic norms of due process and public policy designed to ensure that federal power is exercised responsibly."

Download the PDF document of Professor Froomkin's paper:
http://www.law.miami.edu/~froomkin/articles/icann.pdf
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