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Martha676

: Can government suspend any kind of domain? I am aware that country-wise domains like .uk, .in, .se can be suspended upon government request but does this apply to .com, .net, .org as well?

@Martha676

Posted in: #Domains

I am aware that country-wise domains like .uk, .in, .se can be suspended upon government request but does this apply to .com, .net, .org as well? If yes, under what conditions does ICANN puts them down? And how are websites like The Pirate Bay (Government and companies are concerned about piracy which makes the website illegal) stil running if they could have been put down?

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@Nimeshi995

Information domain use and take down can be found on ICANN's website

You can find this information on ICANNS website. It is from my understanding that any country can issue a requested take-down seizure of the a domain regardless of the country location. It's important to note that governments don't take-down the domains, ICANN has this ability and requests necessary procedures such as proof of incriminating behavior on the domain and normally will be a court proceeding to do so. It's also important to note that take-downs are not limited to governments and can be requested by 3rd parties such as an attorney acting on behalf of a client.

You may find this ICANN snippet helpful:


5.5.2 Registrar:

5.5.2.1 is convicted by a court of competent jurisdiction of a felony or other serious offense related to financial activities, or is judged by a court of competent jurisdiction to have:

5.5.2.1.1 committed fraud,

5.5.2.1.2 committed a breach of fiduciary duty, or

5.5.2.1.3 with actual knowledge (or through gross negligence) permitted Illegal Activity in the registration or use of domain names or in the provision to Registrar by any Registered Name Holder of inaccurate Whois information; or

5.5.2.1.4 failed to comply with the terms of an order issued by a court of competent jurisdiction relating to the use of domain names sponsored by the Registrar; or

5.5.2.2 is disciplined by the government of its domicile for conduct involving dishonesty or misuse of funds of others; or

5.5.2.3 is the subject of a non-interlocutory order issued by a court or arbitral tribunal, in each case of competent jurisdiction, finding that Registrar has, directly or through an Affiliate, committed a specific violation(s) of applicable national law or governmental regulation relating to cybersquatting or its equivalent; or

5.5.2.4 is found by ICANN, based on its review of the findings of arbitral tribunals, to have been engaged, either directly or through its Affiliate, in a pattern and practice of trafficking in or use of domain names identical or confusingly similar to a trademark or service mark of a third party in which the Registered Name Holder has no rights or legitimate interest, which trademarks have been registered and are being used in bad faith.


Domain take-down requests outside of the US

Many authorities, companies, and individuals regularly request take down requests in accordance to criminal activity or anything that violates the terms of use that ICANN actively enforces.

Here is a example letter that was sent from The PIPCU regarding a domain that was operating on a .com, you can see that it clearly has been taken down as requested by PIPCU that operates in UK. You can also see federal take downs (ICE) in the US that looks like this.

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