Website Takedowns

A website takedown is the removal of a website or web page from the internet. There are several ways that a website can be taken down, including:

• Removing the website’s hosting: The website’s hosting provider can remove the website from its servers, effectively taking it offline.
• Blocking access to the website: Internet Service Providers (ISPs) can block access to a website by preventing users from reaching it via their network. This can be done by blocking the website’s IP address or by using content filters to block access to specific websites or types of content.
• Removing the website’s domain name: The company or organization responsible for registering the website’s domain name can revoke the website’s domain name, making it difficult for users to find the website.

There are several reasons why a website may be taken down, including:

• Copyright infringement: If a website is hosting content that infringes on someone’s copyright, the copyright holder can request that the website be taken down.
• Illegal activity: If a website is promoting illegal activities or hosting illegal content, it may be taken down by the authorities or by the hosting provider.
• Cyberbullying: Websites that are used to bully, harass, or defame others may be taken down by the hosting provider or by the authorities.
• National security: In some cases, websites may be taken down for national security reasons, such as if they are being used to spread propaganda or to coordinate terrorist activities.

ISPs are generally required to respect website takedown requests, but there are situations where they may not. For example, if an ISP believes that the request to take down a website is not justified, it may choose to ignore the request. Additionally, some ISPs may not have the technical capabilities to block access to specific websites, or they may be located in countries where there are no laws requiring them to block access to certain types of content.

As a technology law firm, we help clients request website takedowns by:

• Identifying the legal basis for the takedown request: In order to request a website takedown, you need to have a legal basis for the request. This could be a violation of copyright, trademark, or other intellectual property rights, or it could be due to the website promoting illegal activities or hosting illegal content;
• Gathering evidence: In order to support the takedown request, we need to gather evidence of the website’s wrongdoing. This could include copies of infringing content, screen shots of the website, or other relevant documentation that will subsequently also be used in the institution of any court cases;
• Determining who to contact and where to issue the takedown: Depending on the nature of the request, you may need to contact the website’s hosting provider, the company responsible for registering the website’s domain name, the website’s ISP or in a worst case scenario, ISPs in traffic-receiving countries;
• Sending a takedown notice: Once the necessary evidence has been gathered and the appropriate party to contact has been identified, we send a takedown notice outlining the legal basis for the request and the evidence supporting it;
• Following up on the request: After sending the takedown notice, we sometimes need to follow up on the takedown notice to ensure that the request is being properly addressed. If the website is not taken down within five days, you may need to consider additional legal remedies, such as filing a lawsuit for the blocking of the IP address in which the domain resolves to in jurisdictions that abide by takedown requests.

It is important to note that the process for requesting a website takedown can vary depending on the country in which the website is physically hosted and the nature of the request. It may also be necessary to involve law enforcement or other government agencies in some cases. As a rule of thumb, an infringing website can be taken down within 3 to 28 working days, but in some instances, lawful takedowns have taken up to eight months.