The Internet is an integral part of our daily lives, driving efficiency in various areas, fostering the development of cutting-edge technologies, and connecting people worldwide. However, alongside these positive effects, the Internet is also misused for criminal activities, such as distributing illegal content, making online threats, and harming Internet users through phishing, malware, or botnets. Rights holders, in particular, are increasingly demanding that private Internet infrastructure providers shut down web addresses, i.e., domains such as international.eco.de, when notified that illegal content is found or even suspected on the associated websites.
However, this approach often provides only a short-term remedy rather than a sustainable solution and threatens legal certainty for Internet infrastructure providers, as shown in the new explainer video by eco and its topDNS initiative. Domain shutdowns are not an effective means of combatting illegal Internet content, as they do not lead to permanent removal of such content. Abusive content often remains accessible via IP addresses and frequently via other domains, despite individual domain shutdowns.
Domain shutdowns threaten the Internet
Shutting down domains often simultaneously results in significant collateral damage, as unrelated content and services under the same domain are also rendered inaccessible. So, if a provider offers illegal items in an online shop and the domain is subsequently shut down, all other providers selling legal products are affected as well. Additionally, services such as email would cease to function. This could result not only in substantial economic losses, but would also place restrictions on freedom of expression and diversity of opinion.
Another issue is the responsibility and liability for shutting down domains, as more and more players are calling for this to be carried out by private Internet infrastructure companies without any prior legal review. However, companies neither have the resources nor the legal authority to make such decisions. Such a procedure could lead to arbitrary and, in some cases, unjustified shutdowns. Particularly with a fluid resource such as the Internet, which is used by many players across national borders, the responsibility for dealing with illegal content must lie with the respective law enforcement authorities, which have the relevant expertise and authority.
Thomas Rickert, Director Names & Numbers at eco adds: “The eco Association advocates that domains should only be blocked 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 at source by the responsible law enforcement authorities, in accordance with the principle of “take-down instead of blocking” and those responsible must be prosecuted. This is precisely what the eco topDNS initiative and its members are campaigning for.”