McNeil v. Verisign, Inc.


UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

PHILIP R. MCNEIL, Plaintiff - Appellant,
v.
VERISIGN, INC.; ICANN, Internet Corporation For Assigned Names and Numbers; THE STANLEY WORKS, Defendants - Appellees.

No. 03-16946
D.C. No. CV-02-04534-MHP

MEMORANDUM DECISION filed Apr. 1, 2005 (13KB PDF)

The district court order (filed Aug. 28, 2003) can be found here (855KB PDF).


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Excerpts from accompanying PDF file included here for indexing purposes: Philip R. McNeil v. Internet Corporation For Assigned Names and Numbers (ICANN) 12(b)(6) district court affirmed McNeil cannot assert a First Amendment claim against ICANN because ICANN, a non-profit public benefit corporation established by agencies of the United States government to administer the Internet domain name system, is not a government actor. See Single Moms, Inc. v. Montana Power Co., 331 F.3d 743, 747 (9th Cir. 2003). McNeil failed to state a claim against ICANN under the Fifth Amendment. See Geneva Towers Tenants Org. v. Federated Mortgage Investors, 504 F.2d 483, 487 (9th Cir. 1974) ("The Due Process Clause of the Fifth Amendment applies to and restricts only the federal government and not private persons.").