[Chapter-delegates] Input Request: DNS Blocking

Jon Zittrain zittrain at cyber.law.harvard.edu
Mon Jan 17 13:04:11 PST 2011


It might be helpful to add a practical point: DNS blocking is 
generally overbroad; if something is at terra.es/subsite, DNS 
blocking will of course eliminate everything at terra.es from view.

And, for what it's worth, a law professors' letter about the US's 
COICA legislation.  Some is specific to US law and constitutional 
concerns, but other parts could work well for any likely form of DNS 
blocking: <http://www.temple.edu/lawschool/dpost/COICALetter.pdf>.

At GMT-4 03:36 PM 1/17/2011, Sally Wentworth wrote:
>We have noted that a number of governments are considering and/or 
>implementing public policies to try to address illegal online sites 
>(also known sometimes as "rogue websites" or "sites dedicated to 
>infringing activities") that would require ISPs to block DNS 
>resolution to sites containing illegal content.  While we recognize 
>the need for development of public policy by governments (in 
>consultation with all stakeholders), we believe that policies of 
>this sort would have negative implications for the global DNS and 
>for the implementation of DNSSEC, among other issues.
>
>To help ISOC and its members think about and respond to these issues 
>we are developing principles that have global applicability and also 
>provide a baseline to respond to national policy developments.  We 
>are specifically seeking to address the proposals to require ISPs to 
>block DNS resolution of "illegal" sites.  Please note that this is a 
>different discussion/context than the issues associated with 
>Wikileaks and so we'd like to keep those threads separate here.
>
>
>We are thinking of principles along the following lines:
>
>- The Internet is a global network of networks that provides for the 
>neutral passage of packets - requirements to adjust or prevent DNS 
>responses would impair this neutrality.
>
>- For the Internet to be truly global it must be consistent - in 
>general, what an Internet user "sees" when accessing a particular 
>domain name from one location should be the same as what is seen 
>when accessing the same domain name from another location
>
>- Policies should be narrowly tailored and consistent with open 
>standards and accepted operational practices: technical "fixes" to 
>short-circuit due process or violate fundamental and accepted 
>procedures may harm the global Internet.
>
>- The Internet is global. International cooperation (rather than 
>country-by-country solutions) at the technical and policy levels is essential.
>
>
>I would appreciate your comments on the above points.  We would also 
>welcome information on whether and how DNS blocking policies are 
>being considered or implemented in your country.  Please send your 
>feedback by Friday, 28 January 2011.
>
>Many thanks!
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