Liability of domain name registries: Don't shoot the messenger. Issue 2 (April 2016)

• Record Type: Journal Article
• Authors: Truyens, M.; Van Eecke, P.
• Is Part Of: Computer law & security review. Volume 32:Issue 2(2016)
• Page Start: 327
• Page End: 344
• Publication Date: 2016-04
• Subjects: DNS -- Domain names -- Intermediaries -- Blocking -- Hosting -- Monitoring; Computers -- Law and legislation -- Periodicals; Computer security -- Law and legislation -- Periodicals; Electronic commerce -- Law and legislation -- Periodicals; Data protection -- Law and legislation -- Periodicals; Computer security -- Law and legislation; Computers -- Law and legislation; Data protection -- Law and legislation; Electronic commerce -- Law and legislation; Periodicals; 343.0999
• DOI: 10.1016/j.clsr.2015.12.018
• Languages: English
• ISSNs: 2212-473X

Abstract

Abstract: The domain name system (DNS) is fundamental to the Internet, because it translates domain names to and from computer (IP) addresses. This system is, however, increasingly used as a tool to combat unwanted online content. In this process, the system's most central operators ("registries") are targeted by right holders, authorities and other claimants, even though the registries fulfil a mere technical role as an online intermediary, and are quite distanced from the actual content. This contribution presents arguments why registries and other DNS-operators would be protected against several types of domain blocks, monitoring duties and liability claims. These arguments are not only supported by a forward-looking interpretation of the special protection regime for mere conduit, caching and hosting providers of the EU eCommerce Directive 2000/31/EC, but also by Enforcement Directive 2004/48/EC and general EU law, as interpreted by the Court of Justice of the European Union.