Publication
Title
Liability of domain name registries : don't shoot the messenger
Author
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. (C) 2015 M. Truyens & P. Van Eecke. Published by Elsevier Ltd. All rights reserved.
Language
English
Source (journal)
Computer law and security review
Publication
2016
ISSN
0267-3649
Volume/pages
32:2(2016), p. 327-344
ISI
000374362300012
Full text (Publishers DOI)
Full text (publishers version - intranet only)
UAntwerpen
Faculty/Department
Research group
Publication type
Subject
Law 
Affiliation
Publications with a UAntwerp address
External links
Web of Science
Record
Identification
Creation 06.06.2016
Last edited 27.03.2017
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