tldr:
- Nominet rules say you cannot use a domain for unlawful purposes.
- Nominet provides a framework by which “UK law enforcement agencies” can request the suspension and redirection of domains being used for unlawful purposes.
- TheFCA is one of these “UK law enforcement agencies” and has no formal process for managing suspensions.
- TheFCA has stated that it requested the suspension of a domain for criminality, despite there being no risk to consumers of ongoing harms.
- It would appear on the surface like The Financial Conduct Authority may have abused the Nominet Criminal Practice Policy.
references:
Nominet Terms and Conditions of Domain Name Registration say:
6.1.5 that you will not use the domain name for any unlawful purpose
Terms-and-Conditions-of-Domain-Name-Registration
Nominet Criminal Practices Police says:
If Nominet receives an official written certification from one of the UK law enforcement agencies listed in section 4 stating that a .UK, .cymru, or .wales domain name is being used for criminal activity, Nominet will place the domain into special status following the successful completion of administrative checks and notice period, unless satisfactory action has already been taken (for example, through the operation of a parallel policy). Special status includes suspending the domain name or redirecting the domain name to an information/help page.
Criminal-Practices-Policy-26-11-2021
FCA says about its policy for domain suspensions:
Turning now to the remainder of your request, we can confirm we do not hold any policy or any other information in writing relevant to the communications between the FCA and Nominet.
FOI9560
FCA says about a suspension it requested:
The company (Midland Independent Financial Services Limited) was placed into liquidation on 8 September 2020 and was no longer trading but had failed to remove its website. As the company had ceased trading there was no ongoing risk to consumers and so it was not necessary to publish an alert in order to protect consumers from ongoing harm.
FOI9803
FCA discloses the third party it is using moving forward for suspensions is Incopro Limited:
The agreement between the FCA and the third party Incopro is both confidential and commercially sensitive
FOI9803
question:
I have asked for further clarification:
You state in FOI9803 that for midlandifa.co.uk you did not post a warning about the site because there no risk to consumers of ongoing harm.
You state in FOI9560 that there is no policy by which you evaluate the suspension of the domain name under Nominets Criminal Practice Policy.
1) Can you please confirm what criminality an inactive company with inactive domain was undertaking sufficient for you to provide Nominet with official written certification of?
You state in FOI9803 “The FCA does not request the suspension of domains on behalf of third parties.”
2) Can you please confirm if you consider Financial Services Compensation Scheme Ltd a third party?
and
3) If you have performed and suspensions on request of FSCS?You state in FOI9803 that “The agreement between the FCA and the third party Incopro is both confidential and commercially sensitive … section 43 (Commercial interests)”
3) Can you please provide any communications, payments, policies, procurement process or other documents exist for the outsourcing of domains suspensions exist, other than those which are section 43 exempt?
FOI9803