Restraining ICANN: An analysis of OFAC sanctions and their impact on the Internet Corporation for Assigned Names and Numbers

The Internet Corporation for Assigned Names and Numbers (ICANN) has long played a crucial role in coordinating some aspects of the domain name system (DNS) and managing domain names and Internet Protocol Addresses. In 2016, ICANN underwent a significant transformation when completing the IANA Transition, aimed at securing the corporation's independence from U.S. government oversight. However, while the transition marked a pivotal moment in ICANN's history, the corporation still operates within U.S. jurisdiction. This situation makes ICANN subject to compliance with the U.S. Office of Foreign Assets Control (OFAC) sanctions programs, impeding the corporation from contracting and accrediting gTLD registries and registrars from countries currently targeted by OFAC, as well as individuals or entities included in OFAC's «Specially Designated Nationals and Blocked Persons» (SDN) list. This article explores the implications of the IANA Transition, the constraints that OFAC exerts on ICANN operations, and the complexities surrounding potential solutions to the OFAC sanctions quandary.