French Court’s Site-Blocking Orders Drive Quad9 Out Of France

A nonprofit service that protects internet users’ privacy is leaving France. Quad9, a free DNS resolver, has said it will reluctantly stop serving users in France on November 24. This follows a French court order that Quad9 must block access to websites that are accused of infringing the copyrights of a sports broadcaster. Forcing a responsible privacy service out of an important market is a predictable result of trying to force infrastructure providers to be copyright police.

When you visit a website, a DNS resolver reads the domain name you type in—like eff.org— and translates it into a numerical IP address that’s used to direct data across the internet. A DNS resolver can see the names of websites you connect to, so its privacy policies are important. Quad9 is an NGO that’s incorporated in Switzerland, in part to protect its users from data demands. The company also helps protect users from malware and phishing by blocking domains that are known to be malicious. Services like Quad9 offer an alternative to the DNS resolvers of local internet service providers and wireless carriers, which are vulnerable to demands from law enforcement, censorship, and commercial surveillance.

In a blog post explaining its decision, Quad9 explains that the French court’s order forces it to make a decision that, either way, is bad for users. It could either “extend French law to the whole world (blocking globally)” or try to identify and block users only in France—something that it can’t do reliably, and a move that could leave the company facing massive fines if it fails to block websites perfectly within France. Quad9 says it is facing about 20 other lawsuits in France seeking similar blocking orders.

Rather than accept these demands, Quad9 has decided to withdraw its service from France. That is a real loss for French users who rely on the service to protect their privacy and security. It is also the right thing to do, when faced with the alternative: making promises it can’t keep, or abandoning users’ rights worldwide.

Quad9’s decision will not remove any allegedly infringing material from the internet. The organization doesn’t host websites. Users looking for particular websites can easily switch to another DNS resolver. So the material targeted by copyright holders will remain online and accessible, even while they drive a privacy-protecting service out of France.

These events matter beyond the borders of France, and U.S. lawmakers should pay attention. Congress is considering multiple site-blocking proposals, which would require ISPs and other intermediaries, including DNS resolvers, to block access to websites in the name of protecting copyright. These bills threaten speech and our ability to access information online, and they are invitations to abuse. The Quad9 withdrawal shows another cost: if internet services get forced into being copyright cops, users can lose services that they rely on for privacy and security.

Worse still, if neutral services like Quad9 are forced to build site-blocking systems for the benefit of copyright holders, it becomes far easier for other powerful interests, including repressive governments, to demand the same systems be used to censor speech they dislike, globally.

Congress should reject site-blocking bills. They’re a threat to the open internet, and don’t help creators or creativity.

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