The Freename Forum

The British government is working on a global domain law: with the help of the Crime and Policing Bill, it should also be possible in future to force foreign registries and registrars to block domains.

Introduced by the British government in a first reading on February 25, 2025, the Crime and Policing Bill, which implements several reports by the Law Commission on the reform of the confiscation system, contains numerous provisions to regulate anti-social behavior. These include offences against persons, property offences and public order offences, with specific reference to the misuse of intimate images, encouraging or assisting serious self-harm and child abduction. The bill introduces two new offences that criminalize the possession, importation, manufacture, adaptation, supply or offer to supply an electronic device (such as a jammer) for the purpose of stealing a vehicle or stealing items in a vehicle. The maximum penalty for these offenses is five years in prison, a fine, or both. The police authorities, including the border police, are to be given extended powers to prevent these crimes. There are also plans to strengthen the possibility of applying corporate criminal liability, which is permitted under UK law, to the structure of modern companies, particularly large and complex structures.

The government also sees a need for action in the area of domain names. Domains and IP addresses are often used by criminals for a range of crimes, including phishing, malware, consumer fraud and the distribution of child pornography. There is currently no legal means of forcing the domain name industry to take measures to block domain names and IP addresses. Law enforcement agencies and investigative authorities would use public-private partnerships where blocking is voluntary, as a violation of terms of use is assumed. Domestically, these voluntary agreements would work well. However, the vast majority of companies that manage IP addresses and assign domain names are located in foreign jurisdictions and would require a court order before blocking IP addresses or domains. This is precisely what the “Crime and Policing Bill” provides for. The bill gives law enforcement agencies and certain investigating authorities the ability to obtain a court order to block access to IP addresses and domain names associated with serious crimes. These orders (an order to block an IP address or domain name) are primarily intended to be served internationally to ensure that any threat emanating from outside the UK can be dealt with effectively. In practical implementation, the British government wants to rely on “police-to-police cooperation and mutual legal assistance”.

The second reading of the bill is scheduled for March 10, 2025. After the third reading in the House of Commons, the bill will be referred to the House of Lords, where three readings are also scheduled. It is therefore not yet clear when and with what specific content the bill will be passed.

The draft Crime and Policing Bill can be found at:
https://publications.parliament.uk/pa/b ... 240187.pdf