A Balanced Approach to Combating Illegal Online Content

In today’s interconnected world, the Internet has become as essential as electricity or running water. With over 5 billion active users globally, it serves as the backbone of modern communication, commerce, education, and entertainment. However, this digital landscape also harbors dangers in the form of illegal websites that threaten user security and distribute malicious content. To protect this valuable resource, stakeholders are taking active steps against these threats while preserving the Internet’s fundamental openness and accessibility.

A new representative survey conducted by the market and opinion research institute Civey on behalf of eco Association reveals strong public support for these protective measures, with almost 85% of those surveyed backing legal action against illegal websites.

This widespread support for cybersecurity measures comes from firsthand experience. As our survey has also revealed, one in four Germans (25.9%) have reportedly encountered such illegal websites, highlighting the importance of continued vigilance and protection of our digital spaces.

This strong public mandate underscores a fundamental truth: The Internet is not a lawless space. Citizens, companies, and institutions must be adequately protected from illegal online content. To achieve this, it is essential that such content is effectively and sustainably removed.

Why domain shutdowns are not the answer

A growing number of stakeholders are calling for private-sector Internet infrastructure providers to shut down domains when illegal content is suspected. However, this approach presents several critical challenges:

• Infrastructure providers lack the tools and authority to determine content legality
• Domain shutdowns offer only temporary solutions, as content can quickly resurface through other domains or IP addresses
• Legitimate businesses can suffer significant collateral damage when sharing platforms with illegal content
• Through false positive and over-blocking, this approach can unnecessarily restrict freedom of expression and digital diversity

A better solution: Take-down instead of blocking

Instead of shutting down domains, we at the eco Association advocate that illegal content should be taken down where it is posted online. In a new explainer video, our eco Association’s topDNS Initiative – which is all about fighting the Domain Name System abuse – demonstrates how successfully action can be taken against criminal content.

The “take-down instead of blocking” approach plays a key role here. In this concept, the practice of take-down has already proven to be effective in the work of the eco Complaints Office. By removing content directly at the source, we not only prevent further distribution, but also strengthen the responsibility of all parties involved. This practice also aligns with the preference of around 85% of respondents that legal action should be taken against illegal websites.

Essentially, the responsibility for dealing with illegal content must lie with courts and law enforcement agencies that not only have the authority, but also, and above all, the necessary expertise. In the long term, the Internet industry and public authorities must work hand in hand and implement uniform and legal processes to make the Internet safer for everyone, as described for example as a recent article by eco member SIDN.

Take action

• You can learn more about effective content removal strategies in our new explainer video of the eco topDNS Initiative: 

• Illegal online content can be reported anonymously to the eco Complaints Office, where a trained team of legal experts evaluates and removes it in collaboration with public authorities: https://international.eco.de/topics/policy-law/eco-complaints-office/report-a-complaint/

Conclusion

The challenge of maintaining a secure Internet while preserving its foundational principles of openness and accessibility requires more than just technological solutions – it demands a coordinated effort between legal authorities, technical experts, and Internet infrastructure providers. The strong public support for legal action against illegal websites, as demonstrated by the Civey survey, provides a clear mandate for action. However, this action must be thoughtful and precise, targeting illegal content at its source rather than employing broad-stroke measures like domain shutdowns that can have unintended consequences.

The “take-down instead of blocking” approach, championed by the eco Association, represents a balanced solution that addresses immediate security concerns while protecting legitimate online activities. As we move forward, the success of our digital future will depend on our ability to implement such nuanced strategies that combine legal authority, technical expertise, and industry cooperation. By working together and adhering to established legal frameworks, we can create a safer Internet that continues to serve as a platform for innovation, communication, and growth for generations to come.

Attorney-at-law and domain law expert Thomas Rickert is Director of the Names & Numbers Forum at eco - Association of the Internet Industry (international.eco.de). Thomas Rickert is a member of the GNSO (Generic Names Supporting Organization) Council of the Internet Corporation for Assigned Names and Numbers (icann.org). In 2022, he initiated the topDNS Initiative (topdns.eco) that unites members of the eco Association to fight DNS abuse. Furthermore, Thomas Rickert is Managing Director of the law firm Rickert Rechtsanwaltsgesellschaft mbH (rickert.law), which is specialized in legal issues of the digital economy.