UK gov takes its lead from ICANN on DNS abuse

The UK government has set out how it intends to regulate UK-related top-level domain registries, and it’s taken its lead mostly from existing ICANN policies.

The Department for Science, Innovation and Technology said last year that it was to activate the parts of the Digital Economy Act of 2010 that allow it to seize control of TLDs such as .uk, .london, .scot, .wales and .cymru, should those registries fail to tackle abuse in future.

It ran a public consultation that attracted a few dozen responses, but has seemingly decided to stick to its original definitions of abuse and cybersquatting, which were cooked up with .uk registry Nominet and others and closely align to industry norms.

DSIT plans to define abuse in the same five categories as ICANN does — phishing, pharming, botnets, malware and vector spam (spam that is used to serve up the first four types of attack) — in its response to the consultation, published yesterday (pdf).

But it’s stronger on child sexual abuse material than ICANN. While registries and registrars have developed a “Framework to Address Abuse” that says they “should” take down domains publishing CSAM, ICANN itself has no contractual prohibitions on such content.

DSIT said it will require UK-related registries to have “adequate policies and procedures” to combat CSAM in their zones. The definition of CSAM follows existing UK law in being broader than elsewhere in the world, including artworks such as cartoons and manga where no real children are harmed.

DSIT said it will define cybersquatting as “the pre-emptive, bad faith registration of trade marks as domain names by third parties who do not possess rights in such names”. The definition omits the “and is being used in bad faith” terminology used in ICANN’s UDRP. DSIT’s definition includes typosquatting.

In response to the new document, Nominet tweeted:

The response highlights that Government recognises the work registries already do to support law enforcement agencies prevent the registration of domains to carry out illegal activity and "expect the existing voluntary arrangements to be used as the first port of call".

— Nominet (@Nominet) February 23, 2024

DSIT said it will draft its regulations “over the coming months”.

Government to regulate UK-related domain names

The UK government is to trigger a law that would allow it to take control of .uk, .wales, .cymru, .scot and .london if their registries get thoroughly abused and they fail to do anything about it.

The Department for Science, Innovation and Technology said today it is to activate (or “commence”) the parts of the Digital Economy Act of 2010 that give it the power to appoint a new manager for any “UK-related” TLDs.

DSIT would only be able to exercise these powers if the registry in question had let DNS abuse or cybersquatting run amok and failed to follow government orders to fix it. I don’t believe any of the affected registries are currently in such a state.

The government has now launched a consultation, running until the end of August, to get industry and public feedback on its definitions of abuse and what it called “unfair domain use”, meaning cybersquatting.

Nominet, which runs .uk, .wales and .cymru, said in a statement:

The proposed prescribed requirements are consistent with Nominet’s current voluntary procedures, which Government has made clear it believes Nominet operates in a perfectly satisfactory manner. As the Government has had a reserve power to “step in” ever since the DEA was introduced, the purpose of the new provisions is to give Government a formal mechanism to do so, should it ever be required. Our understanding is that Government is enacting these provisions now to ensure the UK meets international best practice on governance of country code top-level domains in line with key global trading partners and future global trading commitments.

Based on my first read, I expect registries and registrars will think it looks generally pretty palatable. It seems DSIT has followed ICANN and the industry’s lead in terms of what qualifies as abuse, and Nominet said in a statement tonight that all three affected registries have been meeting with DSIT to craft the consultation.

Domain investors may take issue with the precise wording of the cybersquatting definition, however.

The definitions of abuse cover the industry standard five bases: malware, phishing, botnets, pharming and spam (insofar as it facilitates any of the other four) and cybersquatting is defined thus:

the pre-emptive, bad faith registration of trade marks as domain names by third parties who do not possess rights in such names. This includes ‘typosquatting’, when an end user takes advantage of common misspellings made by Internet users who are looking for a particular site or a particular provider of goods or services, in order to obtain some benefit.

Domainers will notice the document talks about “bad faith registration”, whereas UDRP talks about bad faith “registration and use”, which is sometimes an important edge-case distinction in cybersquatting disputes. Nominet’s DRS uses bad faith registration “or” use.

Where the consultation gets vague, and the potential for debate arises, is when it talks in general, high-level terms about how dispute resolution procedures should be designed.

Failure to deal with child sexual abuse material, as defined in the Convention on the Rights of the Child, in an affected TLD could also result in the government appointing a new registry.

The four gTLDs affected by the legislation all are considered geographic under ICANN rules and had to secure local government support when they applied for their strings. ICANN has a contractual right to terminate them if that government says so.

After the consultation is complete, DSIT intends to make its definitions law through secondary legislation.

This post was updated shortly after publication to add Nominet comments.