TY - UNPB

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 - 2018/10

Y1 - 2018/10

N2 - The link of lawful domain names to unlawful content is a phenomenon that until recently has not been very topical. 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 that in recent years, however, that the (secondary) liability of domain registries and registrars, and more specifically country code top-level domain registries (ccTLDs) for website content, has been tested in several EU Member States. 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 fall 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 until recently has not been very topical. 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 that in recent years, however, that the (secondary) liability of domain registries and registrars, and more specifically country code top-level domain registries (ccTLDs) for website content, has been tested in several EU Member States. 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 fall under the exemptions in a teleological interpretation, more clarity is desirable.

M3 - Working paper

BT - On Domain Registries and Website Content

ER -