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Title
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Liability of domain name registries : don't shoot the messenger
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Author
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Abstract
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| 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. (C) 2015 M. Truyens & P. Van Eecke. Published by Elsevier Ltd. All rights reserved. |
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Language
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English
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Source (journal)
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Computer law and security review
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Publication
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2016
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ISSN
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0267-3649
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DOI
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10.1016/J.CLSR.2015.12.018
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Volume/pages
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32
:2
(2016)
, p. 327-344
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ISI
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000374362300012
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Full text (Publisher's DOI)
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Full text (publisher's version - intranet only)
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