On Domain Registries and Website Content: Shift in Intermediaries' Role in Light of Unlawful Content or Just Another Brick in the Wall?

TY - JOUR

T1 - On Domain Registries and Website Content

T2 - Shift in Intermediaries' Role in Light of Unlawful Content or Just Another Brick in the Wall?

AU - Schwemer, Sebastian Felix

PY - 2018/12/1

Y1 - 2018/12/1

N2 - The link of lawful domain names to unlawful content is a phenomenon that has not been very topical until recently. Traditionally, domain registries have been off the radar of content-related debates. Enforcement efforts, public discourse and academic research have focused on other intermediaries such as Internet access service providers, hosting platforms, and websites that link to content. This article shows, however, that the (secondary) liability of domain registries and registrars, and more specifically country code top-level domain (ccTLD) registries for website content, has been tested in several EU Member States in recent years. The article investigates tendencies in the national lower-court jurisprudence and explores to what extent the liability exemption regime of the E-Commerce Directive applies to domain registries. The analysis concludes that whereas domain registries can be read under the exemptions in a teleological interpretation, more clarity is desirable.

AB - The link of lawful domain names to unlawful content is a phenomenon that has not been very topical until recently. Traditionally, domain registries have been off the radar of content-related debates. Enforcement efforts, public discourse and academic research have focused on other intermediaries such as Internet access service providers, hosting platforms, and websites that link to content. This article shows, however, that the (secondary) liability of domain registries and registrars, and more specifically country code top-level domain (ccTLD) registries for website content, has been tested in several EU Member States in recent years. The article investigates tendencies in the national lower-court jurisprudence and explores to what extent the liability exemption regime of the E-Commerce Directive applies to domain registries. The analysis concludes that whereas domain registries can be read under the exemptions in a teleological interpretation, more clarity is desirable.

U2 - 10.1093/ijlit/eay012

DO - 10.1093/ijlit/eay012

M3 - Journal article

SN - 0967-0769

VL - 26

SP - 273

EP - 293

JO - International Journal of Law and Information Technology

JF - International Journal of Law and Information Technology

IS - 4

ER -