UK intros global domain takedown law

The UK government has introduced legislation that would give police the power to order registries and registrars outside the country to take down domain names being used for serious crime.

The new Crime and Policing Bill (pdf), published yesterday, is a sprawling piece of proposed legislation, covering everything from mobile phone theft to antisocial behavior.

But it includes a section that would codify the police’s ability to demand domain names and IP addresses to be suspended for the first time.

The law would allow the police to ask a judge for a “domain name suspension order”, applicable for up to a year, where they believe the domain is being used to commit “serious crime”.

That’s defined as “the use of violence” or conduct that “results in substantial financial gain” or that would reasonably be expected to carry a jail sentence of three years or more.

Today, the UK police have voluntary relationships with local companies on takedowns. Nominet suspends many thousands of domains every year, most related to intellectual property crime, on the advice of police.

But according to the explanatory notes provided by the government, the law will not replace these deals. It says:

The government strongly supports these voluntary arrangements, and they will continue to be the first port of call for any activity in this space.

However, most domain name registries and registrars are situated outside of the UK and require a court order before they will action requests. These orders (an IP address suspension order or a domain name suspension order) will therefore primarily be served internationally, to ensure that any threat originating from outside the UK can be effectively tackled.

If overseas registries/registrars declined to enforce the court order, UK police could use “police-to-police cooperation and Mutual Legal Assistance” to get it done, the notes say.

The bill has to follow the usual parliamentary process before it becomes law.

Have your say on police domain takedown powers

The UK Parliament wants your input on a new proposed law that would give the police powers to take down domain names and IP addresses.

The broad-ranging Criminal Justice Bill 2023 (pdf) would give police the ability to obtain court orders requiring registries and registrars to suspend domains believed to be used in criminal activity.

Accompanying explanatory notes say that these court orders could be applied internationally against domain companies in other countries via various means.

The clock is ticking for submissions — the Public Bill Committee of Parliament is due to sit to consider evidence from December 12 and issue its report with suggested amendments by January 30.

The committee advises submitting evidence as soon as possible to maximize the time spent considering it.

Spanish cops raid .cat registry offices in referendum censorship row

Spanish police this morning raided the offices of .cat gTLD registry Fundació puntCAT, just days after demanding the company shut down any domains referring to a forthcoming referendum.
There are reports, unconfirmed by puntCAT at this time, that head of IT Pep Masoliver has been arrested in connection with the incident.
On Twitter, puntCAT said shortly after 10am local time (translation by Google Translate): “At this time @guardiacivil is performing an intervention in our offices.”
Guardia Civil is one of Spain’s various police forces.

En aquests moments la @guardiacivil està realitzant una intervenció a les nostres oficines. pic.twitter.com/j7JeLkjfXO

— Fundació puntCAT (@puntcat) September 20, 2017

The raid comes as the national government cracks down on a local referendum on independence for the Catalonia region.
Catalonia was to go to the polls October 1 to decide whether it should split from Spain, but the vote was recently declared illegal by Spain’s highest constitutional court.
Local government officials have reportedly been arrested this morning as part of the crackdown.
It has been reported by Spanish media that puntCAT’s head of IT Pep Masoliver was been arrested at his home.
puntCAT declined to confirm the arrest immediately, telling DI: “Our IT manager has been required for the intervention at our office.”
At the weekend, the registry wrote to ICANN to warn it that Spanish authorities had instructed it on Friday to “block all .cat domains that may contain any kind of information about the forthcoming independence referendum”.
“We are being requested to censor content and suppress freedom of speech,” the letter, which condemned the “unprecedented and absolute scope” of the order, said.
The letter was posted to Twitter in its entirety.

We have denounced to @ICANN the disproportionate action of the courts. Committed to freedom on the Internet. pic.twitter.com/NkvTMYJ79d

— Fundació puntCAT (@puntcat) September 17, 2017

.cat, which is designed for people from the Catalonia region or who speak Catalan, went live in 2006 following ICANN’s 2003 round of “sponsored” gTLD applications.
It had 112,000 domains under management at the last count and a smooth growth curve that would make most new gTLD operators salivate.
As the raid happened just a couple of hours ago and appears to be ongoing, this is breaking news. I’ll provide updates throughout the day as more information emerges.
UPDATE 0950 UTC: The raid appears to have been temporarily frozen while the parties await the arrival of the court order authorizing the raid and the company’s CTO.
UPDATE 1022 UTC: Story updated to reflect reports of a puntCAT employee arrest.
UPDATE 1056 UTC: Updated with statement from puntCAT.
UPDATE 1653 UTC: Masoliver has been charged with “sedition”.