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In a new explanatory video, the “topDNS” initiative launched by eco - Association of the Internet Industry argues that domain blocks should only be used in exceptional cases. Instead, the principle of “deletion instead of blocking” should be implemented to a greater extent.

At the beginning of 2022, leading registries, registrars and hosting providers worldwide joined forces under the name “topDNS” at the instigation of eco to combat the misuse of the Domain Name System (“DNS Abuse”). The members include the .com and .net registry VeriSign, the .org administrator Public Interest Registry (PIR), CentralNic Group PLC, which acts as both registry and registrar, and several larger domain registrars. Their aim is to ensure the stable and secure operation of the DNS, including the promotion of existing activities to combat DNS abuse and education on what measures are effective and appropriate. In practice, domain blocks such as those used by the “Clearingstelle Urheberrecht im Internet” (CUII) are becoming increasingly common. A block takes place if the clearing house recommends it and the Federal Network Agency has no objections under the provisions of the EU Net Neutrality Regulation; it prevents the assignment of a domain to an IP address and thus direct access to a website. However, eco believes that such blocks are unacceptable. In the event of legal infringements, blocking the domain of a website via which an abusive offer can be accessed is like closing the main entrance to a hotel because a thief has been reported. The hotel and the honest guests would look stupid - and the thief would not be rendered harmless.

Domain blocks therefore often only offer a very short-term remedy instead of a sustainable solution and jeopardize the legal security of Internet infrastructure providers, as the new explanatory video from eco and the topDNS initiative clearly shows. Although the domain is blocked when a domain is blocked, the illegal content is not deleted and can still be accessed via the IP address or alternative domain names. Domain shutdowns are therefore not an effective tool in the fight against illegal Internet content, as they are not permanently deleted. At the same time, the damage caused by domain blocking can quickly become very large, for example if a single counterfeit product leads to an online marketplace no longer being accessible; emails or other services linked to a domain could also no longer function. A further problem lies in the responsibility and liability for the deactivation of domains, as in the case of the CUII, for example, these are to be carried out by private Internet infrastructure companies without prior legal review. However, companies usually have neither the resources nor the legal authority to make such decisions; arbitrary and sometimes unjustified deactivations would be a possible consequence. Particularly in the case of a fluid resource such as the Internet, which is used by many players across national borders, eco believes that the responsibility for dealing with illegal content should lie with the respective law enforcement authorities, which have the relevant expertise and authority. Courts, supported by the police and other investigators, are responsible for distinguishing between right and wrong.

Rule of law processes should also not be left to registries and registrars in the DNS, who are neither qualified nor authorized to do so, as stated in the video. Thomas Rickert, Director Names & Numbers at eco, adds: “The eco Association therefore advocates that domain blocking should only take place in exceptional cases. In a free and secure Internet, human rights and the rule of law must be protected at all costs, just as in the offline world. Illegal online content must be rendered harmless at source by competent law enforcement authorities in accordance with the principle of 'deletion instead of blocking' and those responsible must be prosecuted. This is exactly what the eco topDNS initiative and its members are campaigning for.”

The video “Deleting instead of blocking” - eco topDNS initiative to effectively combat illegal Internet content can be found here (in German):
https://www.eco.de/news/loeschen-statt- ... etinhalte/