The Bill, introduced in February 2025, includes a provision which codifies a way for law enforcement to obtain a domain name suspension order (“DNS order”).
 

Current legal status

At present, UK law enforcement agencies have no legal power to require registrars and registries (“Organisations”) to take action and suspend domains. This means that law enforcement is reliant on voluntary arrangements with organisations to have domains suspended for breaking the law.

Voluntary arrangements entail law enforcement agents submitting written requests substantiated by evidence for the suspension of the domain name to the Organisations. The written requests must be verified by the Organisations before they are accepted or rejected, which is why voluntary agreements are reliant on a good working relationship between law enforcement and the Organisations.

The Bill still advocates for voluntary arrangements between law enforcement and  organisations especially as a point of first reference in dealing with domain suspensions. Since building good working relationships between law enforcement and international Organisations can be difficult, this could cause delays in the suspension of  domains involved in serious crimes.
 

Applicability

Schedule 12, paragraph 4 of The Bill sets out the four main conditions that must be met before the Court will consider granting a DNS order.

Condition 1
The domain name is being used, or will be used, for serious crime.

Condition 2
One of the following must be true:

a. A person in the UK is using, or will use, the domain name for serious crime. 
b. A person in the UK is a victim of the serious crime related to the domain name. 
c. The domain name is used for serious crime related to unlicensed gambling. 
d. The domain name is hosted on a device in the UK.

Condition 3
It is necessary and appropriate to block access to the domain name to prevent its use for serious crime.

Condition 4
One of the following must be true: 

a. Access to the domain name will only be blocked if a DNS order is granted. 
b. Blocking access without a DNS order will seriously harm efforts to prevent, restrict, or disrupt the serious crime.
 

In summary, the proposed Crime and Policing Bill will empower UK law enforcement to swiftly suspend domains linked to serious crimes through court-issued DNS orders. This Bill aims to enhance online safety, reduce reliance on voluntary cooperation, and ensure that domain name suspensions are handled efficiently and fairly. By setting strict conditions for DNS orders, the Bill balances effective crime prevention with the protection of individual rights, marking an advancement in the fight against cybercrime.

Written by Amanda Shozi, Online Brand Protection team member.