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Frontier Compliance: A Communication System Emerging in Cyberspace
Unformatted Document Text:  24 providers were able to affect the outcomes of the proceedings even if they want, when it is the panelists who make the decisions. An issue of the provider selection appears here, possibly reflecting the problem of the independence and neutrality of the panelists. Geist (2001) examined the possibility of a bias in panel allocation by the service providers, and found that in case of NAF, among the 131 panelists in the list, only 6 panelists decided 53% of the proceedings. The panelists’ decision rates in favor of complainants were respectively 95.7%, 97.2%, 93.5%, 94.7%, 93.2%, and 81.5%, which means on average, 94% of the decisions were made in favor of the complainants. WIPO also allocated more disputes to those panelists who tended to make favorable decisions for the complainants (Geist, 2001). Thus, panel allocation bias seems to be influencing the outcome of the decisions of each service provider, although it is difficult to prove what kind of bias exists in the process because the procedures by which panelists are allocated in each proceeding are mostly informal and the providers do not provide specific rules of allocating panelists. The above analysis of the UDRP proceedings shows that such values as the balance between different stakeholders and the fairness to individual domain name holders are sacrificed for the purpose of procedural convenience and simplicity. And the convenience and simplicity that was one of the guiding principles of the UDRP actually means the convenience and simplicity for trademark holders and those with financial and intellectual resources in most cases. The alternative dispute resolution system functions to reinforce the commercial status quo, by communicating to the real space what kinds of activities are allowed and what positions are advantaged. Especially as the system is set up in a way that is mandatory and coercive, which all relevant domain name registrants are bound to follow by registration agreements, it works as a closed, centralized and constrained system particularly for individual domain name holders. Discussion This article attempts to understand and describe the new governance system that is being developed in cyberspace, by illustrating the striking resemblance between frontier conditions and subsequent attempts for self-governance by stakeholders in the American West and those in cyberspace. The Wild West and cyberspace were new and untamed territories, characterized by initial lawlessness in a traditional sense. Those with interests and stakes try to go out and get what they want, and guns and self- promoted rules operate as instruments to make people comply. Not relying on the dominant, traditional system is rewarded. With the absence of law and order, those with

Authors: Woo, Jisuk.
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providers were able to affect the outcomes of the proceedings even if they want, when it
is the panelists who make the decisions. An issue of the provider selection appears here,
possibly reflecting the problem of the independence and neutrality of the panelists.
Geist (2001) examined the possibility of a bias in panel allocation by the service
providers, and found that in case of NAF, among the 131 panelists in the list, only 6
panelists decided 53% of the proceedings. The panelists’ decision rates in favor of
complainants were respectively 95.7%, 97.2%, 93.5%, 94.7%, 93.2%, and 81.5%,
which means on average, 94% of the decisions were made in favor of the complainants.
WIPO also allocated more disputes to those panelists who tended to make favorable
decisions for the complainants (Geist, 2001). Thus, panel allocation bias seems to be
influencing the outcome of the decisions of each service provider, although it is difficult
to prove what kind of bias exists in the process because the procedures by which
panelists are allocated in each proceeding are mostly informal and the providers do not
provide specific rules of allocating panelists.
The above analysis of the UDRP proceedings shows that such values as the balance
between different stakeholders and the fairness to individual domain name holders are
sacrificed for the purpose of procedural convenience and simplicity. And the
convenience and simplicity that was one of the guiding principles of the UDRP actually
means the convenience and simplicity for trademark holders and those with financial
and intellectual resources in most cases. The alternative dispute resolution system
functions to reinforce the commercial status quo, by communicating to the real space
what kinds of activities are allowed and what positions are advantaged. Especially as
the system is set up in a way that is mandatory and coercive, which all relevant domain
name registrants are bound to follow by registration agreements, it works as a closed,
centralized and constrained system particularly for individual domain name holders.
Discussion
This article attempts to understand and describe the new governance system
that is being developed in cyberspace, by illustrating the striking resemblance between
frontier conditions and subsequent attempts for self-governance by stakeholders in the
American West and those in cyberspace. The Wild West and cyberspace were new and
untamed territories, characterized by initial lawlessness in a traditional sense. Those
with interests and stakes try to go out and get what they want, and guns and self-
promoted rules operate as instruments to make people comply. Not relying on the
dominant, traditional system is rewarded. With the absence of law and order, those with


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