Domain suspension requests
Dear Financial Conduct Authority,
I note that you have a policy of making domain suspension requests to Nominet.[1]
Can you send me:
1 The policy document governing your domain suspension requests policy;
2 Any template for notifications made to Nominet for domain suspension requests;
3 Any graphics, URL or IP address used to show or host notices explaining that a domain has been suspended after a request made by each unit.
Yours faithfully,
Jim Killock
[1] Nominet’s domain suspension reports naming the FCA are located at:
https://s3-eu-west-1.amazonaws.com/nomin...
Thank you for e-mailing the Financial Conduct Authority's Information Access Team. This is an automatic acknowledgement to tell you we have received your email safely. Please do not reply to this email. We will be in touch in due course.
This communication and any attachments contain information which is confidential and may be subject to legal privilege. It is for intended recipients only. If you are not the intended recipient you must not copy, distribute, publish, rely on or otherwise use it without our consent. Some of our communications may contain confidential information which it could be a criminal offence for you to disclose or use without authority. If you have received this email in error please notify [email address] immediately and delete the email from your computer. Further information on the classification and handling of FCA information can be found on the FCA website (http://www.fca.org.uk/site-info/legal/fc...).
The FCA (or, if this email originates from the Payment Systems Regulator Limited, the FCA on behalf of the Payment Systems Regulator Limited / the Payment Systems Regulator Limited) reserves the right to monitor all email communications for compliance with legal, regulatory and professional standards.
This email is not intended to nor should it be taken to create any legal relations or contractual relationships. This email has originated from the Financial Conduct Authority (FCA), or the Payment Systems Regulator Limited.
The Financial Conduct Authority (FCA) is registered as a limited company in England and Wales No. 1920623. Registered office: 25 The North Colonnade, Canary Wharf, London E14 5HS, United Kingdom
The Payment Systems Regulator Limited is registered as a limited company in England and Wales No. 8970864. Registered office: 25 The North Colonnade, Canary Wharf, London E14 5HS, United Kingdom
Switchboard 020 7066 1000
Web Site http://www.fca.org.uk (FCA); http://www.psr.org.uk (the Payment Systems Regulator Limited)
Our Ref: FOI5495
Dear Mr Killock
Freedom of Information: Right to know request
Thank you for your request under the Freedom of Information Act 2000 (the
Act), for the following information in regard to Nominet domain suspension
reports.
1 The policy document governing your domain suspension requests policy;
2 Any template for notifications made to Nominet for domain suspension
requests;
3 Any graphics, URL or IP address used to show or host notices explaining
that a domain has been suspended after a request made by each unit.
In considering your request, we are of the view that some of the
information we hold may be exempt under section 31 (Law enforcement). A
qualified exemption and the FCA is required to weigh the public interest
in maintaining the exemption against the public interest in disclosing the
information. By virtue of section 10(3), where public authorities have to
consider the balance of the public interest in relation to a request, they
do not have to comply with the request until such time as is reasonable in
the circumstances. The FCA has not yet reached a decision on the balance
of the public interest. Due to the need to consider, in all the
circumstances of the case, where the balance of the public interest lies
in relation to the information that you have requested, the FCA will not
be able to respond to your request in full within 20 working days. In
these circumstances, we should be in a position to respond to your request
by 8 February 2018
Yours sincerely
Information Disclosure Team / Cyber and Information Resilience Dept
[1]Description: cid:image001.png@01D2A7C9.64DDD390
25 The North Colonnade
Canary Wharf
London
E14 5HS
Tel: +44 (0)20 7066 8080
[2]www.fca.org.uk
This communication and any attachments contain information which is
confidential and may be subject to legal privilege. It is for intended
recipients only. If you are not the intended recipient you must not copy,
distribute, publish, rely on or otherwise use it without our consent. Some
of our communications may contain confidential information which it could
be a criminal offence for you to disclose or use without authority. If you
have received this email in error please notify [email address]
immediately and delete the email from your computer. Further information
on the classification and handling of FCA information can be found on the
FCA website
(http://www.fca.org.uk/site-info/legal/fc...).
The FCA (or, if this email originates from the Payment Systems Regulator
Limited, the FCA on behalf of the Payment Systems Regulator Limited / the
Payment Systems Regulator Limited) reserves the right to monitor all email
communications for compliance with legal, regulatory and professional
standards.
This email is not intended to nor should it be taken to create any legal
relations or contractual relationships. This email has originated from the
Financial Conduct Authority (FCA), or the Payment Systems Regulator
Limited.
The Financial Conduct Authority (FCA) is registered as a limited company
in England and Wales No. 1920623. Registered office: 25 The North
Colonnade, Canary Wharf, London E14 5HS, United Kingdom
The Payment Systems Regulator Limited is registered as a limited company
in England and Wales No. 8970864. Registered office: 25 The North
Colonnade, Canary Wharf, London E14 5HS, United Kingdom
Switchboard 020 7066 1000
Web Site http://www.fca.org.uk (FCA); http://www.psr.org.uk (the Payment
Systems Regulator Limited)
References
Visible links
2. http://www.fca.org.uk/
Our Ref: FOI5495
Dear Mr Killock
Freedom of Information: Right to know request
Thank you for your request under the Freedom of Information Act 2000 (the
Act) for the following information in regard to Nominet domain suspension
reports:
“1 The policy document governing your domain suspension requests policy;
2 Any template for notifications made to Nominet for domain suspension
requests;
3 Any graphics, URL or IP address used to show or host notices explaining
that a domain has been suspended after a request made by each unit.”
When we wrote to you on 11 January 2018, we indicated that we needed
additional time to consider the public interest test in respect of the
information you have requested. This exercise has now been completed and
our response is set out below.
Before addressing your request it may be helpful to note that websites can
often be used as a key method of targeting consumers by unauthorised, and
often fraudulent firms. Therefore a useful method of deterrence is to
disrupt unauthorised businesses by requesting that Internet Service
Providers remove a website.
Turning to your request, I can confirm that we hold information in
response to each point.
However, with regard to points 1 and 2, we are not able to provide you
with our internal policy documentation regarding making domain suspension
requests or with a copy of the template used for notifications to Nominet.
This is because disclosure would, or would be likely to, prejudice the
exercise by the FCA of its functions including for the purpose of the
prevention or detection of crime and ascertaining whether circumstances
which would justify regulatory action in pursuance of any enactment exist
or may arise. Therefore, this information is exempt from disclosure under
section 31 (Law enforcement) of the Act. For a detailed explanation as to
why this exemption applies please refer to Annex A, as attached.
Point 3 has been interpreted by us as seeking communications received by
the FCA stating the domain has been suspended after a request for
suspension has been made. As the information requested is (or contains)
non-public information that the FCA has received for the purpose of
carrying out our functions under the Financial Services and Markets Act
2000 (“FSMA”), it is exempt from disclosure under section 44 (Prohibitions
on disclosure) of the Act, again for the reasons set out in Annex A.
Yours sincerely
Information Disclosure Team / Cyber and Information Resilience Dept
25 The North Colonnade
Canary Wharf
London
E14 5HS
Tel: +44 (0)20 7066 8080
[1]www.fca.org.uk
Your right to complain under the FoI Act
If you are unhappy with the decision made in relation to your request, you
have the right to request an internal review. If you wish to exercise
this right you should contact us within three months of the date of this
response.
If you are not content with the outcome of the internal review, you also
have a right of appeal to the Information Commissioner at Information
Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9
5AF. Telephone: 01625 545 700. Website: [2]www.ico.org.uk
Annex A
* Section 31 (Law enforcement)
The qualified exemption in section 31(1)(g) and 31(2)(a)(c) of the Act
applies because disclosure of the information requested would, or would be
likely to, prejudice the exercise by the FCA of its functions for the
purposes of:
* The prevention or detection of crime;
* ascertaining whether any person has failed to comply with the law
* ascertaining whether circumstances exist or may arise which would
justify regulatory action in pursuance of any enactment.
This exemption applies to points 1 and 2 of your request in that such
information, if disclosed now would, or would be likely to, prejudice any
future enquiries and/or action we may undertake. This exemption is
qualified and we have balanced the public interest for and against
disclosure as required by the Act.
For disclosure
* There is a strong public interest in favour of transparency and in the
public being reassured about the effectiveness of the regulatory
approach taken by the FCA and disclosure of the information would
demonstrate how the FCA responds to matters arising within the sector
it regulates.
Against disclosure
* We consider that if we were to provide details to the public as to why
and how such suspension requests are used, the use of these tactics in
future investigations might inadvertently be revealed. The likely
result would be that targeted individuals or groups could become
surveillance aware. This could affect the way that the FCA interacts
with persons and organisations and future investigations could be
prejudiced.
* Public disclosure of this information would undermine the FCA’s
credible deterrence approach and its ability to meet the FCA’s
statutory objective of enhancing and protecting the UK financial
system. It would also likely have an inhibiting effect on any future
guidance provided to staff which, in turn, could seriously undermine
the FCA’s regulatory function.
* Further, the information requested would reveal our strategy and
efforts to prevent the use of websites to conduct criminal activity
and lead to an inference of the FCA’s priorities.
* Disclosure of the information could also result in further
speculation which, in the absence of any additional background, could
be taken out of context and could lead to the wrong conclusions being
drawn regarding our decision-making process.
On this occasion we have concluded that the balance of the public interest
is in favour of maintaining the exemption under section 31 of the Act, for
the reasons set out above.
* Section 44 (Prohibitions on disclosure)
Section 44(1)(a) provides that information is absolutely exempt if its
disclosure (otherwise than under the Act) is prohibited by or under any
enactment.
Section 348 of FSMA restricts the FCA from disclosing "confidential
information" it has received except in certain limited circumstances (none
of which apply here).
Confidential information for these purposes is defined as information
which relates to the business or other affairs of any person and which was
received by the FCA for the purposes of or in the discharge of its
functions under FSMA and which is not in the public domain.
In this case, the information received by the FCA was received for the
purpose of carrying out our function in respect of the conduct of
regulated activities and so falls within section 348 of FSMA.
Consequently the FCA is prohibited from disclosing it to you.
Disclosure of any such confidential information is in breach of section
348 of FSMA and is a criminal offence.
Section 44 is an absolute exemption so it is not necessary to balance the
public interest for and against disclosing the information.
This communication and any attachments contain information which is
confidential and may be subject to legal privilege. It is for intended
recipients only. If you are not the intended recipient you must not copy,
distribute, publish, rely on or otherwise use it without our consent. Some
of our communications may contain confidential information which it could
be a criminal offence for you to disclose or use without authority. If you
have received this email in error please notify [email address]
immediately and delete the email from your computer. Further information
on the classification and handling of FCA information can be found on the
FCA website
(http://www.fca.org.uk/site-info/legal/fc...).
The FCA (or, if this email originates from the Payment Systems Regulator
Limited, the FCA on behalf of the Payment Systems Regulator Limited / the
Payment Systems Regulator Limited) reserves the right to monitor all email
communications for compliance with legal, regulatory and professional
standards.
This email is not intended to nor should it be taken to create any legal
relations or contractual relationships. This email has originated from the
Financial Conduct Authority (FCA), or the Payment Systems Regulator
Limited.
The Financial Conduct Authority (FCA) is registered as a limited company
in England and Wales No. 1920623. Registered office: 25 The North
Colonnade, Canary Wharf, London E14 5HS, United Kingdom
The Payment Systems Regulator Limited is registered as a limited company
in England and Wales No. 8970864. Registered office: 25 The North
Colonnade, Canary Wharf, London E14 5HS, United Kingdom
Switchboard 020 7066 1000
Web Site http://www.fca.org.uk (FCA); http://www.psr.org.uk (the Payment
Systems Regulator Limited)
References
Visible links
1. http://www.fca.org.uk/
2. http://www.ico.org.uk/
Dear The Financial Conduct Authority,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of The Financial Conduct Authority's handling of my FOI request 'Domain suspension requests'.
I would like you to reconsider your refusal to release the document forming your policy towards domain suspensions.
In particular, I would like you to consider redacting the document so that sensitive information is not present.
For instance, the name of the document and the contents page may well be something you can release.
Similarly, information in such a document that indicated the scope of the suspension requests, and the legal tests that would need to be met, would be helpful and would not endanger investigations.
I appreciate that the full document will not be something you can reveal. Additionally, we are not interested in any content that does not relate to the reasons for making a request for the suspension of a domain.
However, because domain suspension is a very striking power, analogous to seizure of property, and Nominet act entirely on your advice in this matter when suspending a domain, it is a matter of considerable public interest to understand how, why and when the power may be excercised.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/d...
Yours faithfully,
Jim Killock
Open Rights Group
Thank you for e-mailing the Financial Conduct Authority's Information Access Team. This is an automatic acknowledgement to tell you we have received your email safely. Please do not reply to this email. We will be in touch in due course.
This communication and any attachments contain information which is confidential and may be subject to legal privilege. It is for intended recipients only. If you are not the intended recipient you must not copy, distribute, publish, rely on or otherwise use it without our consent. Some of our communications may contain confidential information which it could be a criminal offence for you to disclose or use without authority. If you have received this email in error please notify [email address] immediately and delete the email from your computer. Further information on the classification and handling of FCA information can be found on the FCA website (http://www.fca.org.uk/site-info/legal/fc...).
The FCA (or, if this email originates from the Payment Systems Regulator Limited, the FCA on behalf of the Payment Systems Regulator Limited / the Payment Systems Regulator Limited) reserves the right to monitor all email communications for compliance with legal, regulatory and professional standards.
This email is not intended to nor should it be taken to create any legal relations or contractual relationships. This email has originated from the Financial Conduct Authority (FCA), or the Payment Systems Regulator Limited.
The Financial Conduct Authority (FCA) is registered as a limited company in England and Wales No. 1920623. Registered office: 25 The North Colonnade, Canary Wharf, London E14 5HS, United Kingdom
The Payment Systems Regulator Limited is registered as a limited company in England and Wales No. 8970864. Registered office: 25 The North Colonnade, Canary Wharf, London E14 5HS, United Kingdom
Switchboard 020 7066 1000
Web Site http://www.fca.org.uk (FCA); http://www.psr.org.uk (the Payment Systems Regulator Limited)
Our Ref: FOI5495
Dear Mr Killock
Freedom of Information: Right to know request
Thank you for your email dated 6 April 2018, regarding the information you
have requested under the Freedom of Information Act 2000.
We are considering the points you have raised and will contact you again
as soon as possible. If it is likely to take more than 20 working days
from the date of receiving your email to respond in full, we will write to
you again.
Yours sincerely
Karen Mullins
Associate / Information Disclosure Team / Cyber and Information Resilience
Department
[1]Description: cid:image001.png@01D2A7C9.64DDD390
25 The North Colonnade
Canary Wharf
London
E14 5HS
Tel: +44 (0)20 7066 9214
Fax: +44 (0)20 7066 9261
[2]www.fca.org.uk
This communication and any attachments contain information which is
confidential and may be subject to legal privilege. It is for intended
recipients only. If you are not the intended recipient you must not copy,
distribute, publish, rely on or otherwise use it without our consent. Some
of our communications may contain confidential information which it could
be a criminal offence for you to disclose or use without authority. If you
have received this email in error please notify [email address]
immediately and delete the email from your computer. Further information
on the classification and handling of FCA information can be found on the
FCA website
(http://www.fca.org.uk/site-info/legal/fc...).
The FCA (or, if this email originates from the Payment Systems Regulator
Limited, the FCA on behalf of the Payment Systems Regulator Limited / the
Payment Systems Regulator Limited) reserves the right to monitor all email
communications for compliance with legal, regulatory and professional
standards.
This email is not intended to nor should it be taken to create any legal
relations or contractual relationships. This email has originated from the
Financial Conduct Authority (FCA), or the Payment Systems Regulator
Limited.
The Financial Conduct Authority (FCA) is registered as a limited company
in England and Wales No. 1920623. Registered office: 25 The North
Colonnade, Canary Wharf, London E14 5HS, United Kingdom
The Payment Systems Regulator Limited is registered as a limited company
in England and Wales No. 8970864. Registered office: 25 The North
Colonnade, Canary Wharf, London E14 5HS, United Kingdom
Switchboard 020 7066 1000
Web Site http://www.fca.org.uk (FCA); http://www.psr.org.uk (the Payment
Systems Regulator Limited)
References
Visible links
2. http://www.fca.org.uk/
Our Ref: FOI5495
Dear Mr Killock
Freedom of Information: Right to know request
I refer to your email dated 6 April 2018 regarding the information you
have requested under the Freedom of Information Act 2000.
Please find attached a request for clarification of part 3 of your request
- on which I would appreciate your comments.
Yours sincerely
Karen Mullins
Associate / Information Disclosure Team / Cyber and Information Resilience
Department
[1]Description: cid:image001.png@01D2A7C9.64DDD390
25 The North Colonnade
Canary Wharf
London
E14 5HS
Tel: +44 (0)20 7066 9214
Fax: +44 (0)20 7066 9261
[2]www.fca.org.uk
This communication and any attachments contain information which is
confidential and may be subject to legal privilege. It is for intended
recipients only. If you are not the intended recipient you must not copy,
distribute, publish, rely on or otherwise use it without our consent. Some
of our communications may contain confidential information which it could
be a criminal offence for you to disclose or use without authority. If you
have received this email in error please notify [email address]
immediately and delete the email from your computer. Further information
on the classification and handling of FCA information can be found on the
FCA website
(http://www.fca.org.uk/site-info/legal/fc...).
The FCA (or, if this email originates from the Payment Systems Regulator
Limited, the FCA on behalf of the Payment Systems Regulator Limited / the
Payment Systems Regulator Limited) reserves the right to monitor all email
communications for compliance with legal, regulatory and professional
standards.
This email is not intended to nor should it be taken to create any legal
relations or contractual relationships. This email has originated from the
Financial Conduct Authority (FCA), or the Payment Systems Regulator
Limited.
The Financial Conduct Authority (FCA) is registered as a limited company
in England and Wales No. 1920623. Registered office: 25 The North
Colonnade, Canary Wharf, London E14 5HS, United Kingdom
The Payment Systems Regulator Limited is registered as a limited company
in England and Wales No. 8970864. Registered office: 25 The North
Colonnade, Canary Wharf, London E14 5HS, United Kingdom
Switchboard 020 7066 1000
Web Site http://www.fca.org.uk (FCA); http://www.psr.org.uk (the Payment
Systems Regulator Limited)
References
Visible links
2. http://www.fca.org.uk/
Dear Freedom of Information Appeals,
with regard to question (3)
“3 Any graphics, URL or IP address used to show or host notices explaining that a domain has been suspended after a request made by each unit.”
These would normally be displayed at a URL. For instance, if a domain was under your direct control, you might display a notice, that said "This website has been shut down by the FCA and transferred to our control following X incident. We are investigating breaches of X Act 2YYY. For more information, contact Z"
Yours sincerely,
Jim Killock
Open Rights Group
Our Ref: FOI5495
Dear Mr Killock
Freedom of Information: Right to know request
Thank you for your email dated 16 April 2018 with confirmation / clarification of the information you are seeking for part 3 of your request made under the Freedom of Information Act 2000. We will proceed on that basis.
Yours sincerely
Graham Holmes
Case Officer / Information Disclosure Team / Cyber and Information Resilience Department
25 The North Colonnade
Canary Wharf
London
E14 5HS
Tel (FOI Helpline): +44 (0)20 7066 8080
Our Ref: FOI5495
Dear Mr Killock,
Freedom of Information: Right to know request
Further to our e-mail dated 9 April 2018, I am writing to inform you that
we have not yet reached a decision regarding your request for an internal
review of the FCA’s response to your information request with the above
reference, made under the Freedom of Information Act 2000.
We are still considering this matter and hope to be in a position to
respond to you by Friday 18 May 2018, although should we be in a position
to contact you sooner we will do so.
Thanking you.
Yours sincerely
Karen Mullins
Associate / Information Disclosure Team / Cyber and Information Resilience
Department
[1]Description: cid:image001.png@01D2A7C9.64DDD390
25 The North Colonnade
Canary Wharf
London
E14 5HS
Tel: +44 (0)20 7066 9214
Fax: +44 (0)20 7066 9261
[2]www.fca.org.uk
This communication and any attachments contain information which is
confidential and may be subject to legal privilege. It is for intended
recipients only. If you are not the intended recipient you must not copy,
distribute, publish, rely on or otherwise use it without our consent. Some
of our communications may contain confidential information which it could
be a criminal offence for you to disclose or use without authority. If you
have received this email in error please notify [email address]
immediately and delete the email from your computer. Further information
on the classification and handling of FCA information can be found on the
FCA website
(http://www.fca.org.uk/site-info/legal/fc...).
The FCA (or, if this email originates from the Payment Systems Regulator
Limited, the FCA on behalf of the Payment Systems Regulator Limited / the
Payment Systems Regulator Limited) reserves the right to monitor all email
communications for compliance with legal, regulatory and professional
standards.
This email is not intended to nor should it be taken to create any legal
relations or contractual relationships. This email has originated from the
Financial Conduct Authority (FCA), or the Payment Systems Regulator
Limited.
The Financial Conduct Authority (FCA) is registered as a limited company
in England and Wales No. 1920623. Registered office: 25 The North
Colonnade, Canary Wharf, London E14 5HS, United Kingdom
The Payment Systems Regulator Limited is registered as a limited company
in England and Wales No. 8970864. Registered office: 25 The North
Colonnade, Canary Wharf, London E14 5HS, United Kingdom
Switchboard 020 7066 1000
Web Site http://www.fca.org.uk (FCA); http://www.psr.org.uk (the Payment
Systems Regulator Limited)
References
Visible links
2. http://www.fca.org.uk/
Our Ref: FOI5495
Dear Mr Killock
Freedom of Information: Right to know request
Please find attached the outcome of the FCA's review of the information
you requested under the Freedom of Information Act 2000, with the above
reference. Please accept our apologies for the additional time it has
taken to complete this review.
Yours sincerely
Karen Mullins
Associate / Information Disclosure Team / Cyber and Information Resilience
Department
[1]Description: cid:image001.png@01D2A7C9.64DDD390
25 The North Colonnade
Canary Wharf
London
E14 5HS
Tel: +44 (0)20 7066 9214
Fax: +44 (0)20 7066 9261
[2]www.fca.org.uk
This communication and any attachments may contain personal information.
For more information about how and why we use personal information and who
to contact with any queries about this, please see our privacy notices:
FCA Privacy Notice (https://www.fca.org.uk/data-protection) and PSR
Privacy Notice
(https://www.psr.org.uk/cookies-privacy-a...).
This communication and any attachments contain information which is
confidential and may be subject to legal privilege. It is for intended
recipients only. If you are not the intended recipient you must not copy,
distribute, publish, rely on or otherwise use it without our consent. Some
of our communications may contain confidential information which it could
be a criminal offence for you to disclose or use without authority. If you
have received this email in error please notify [email address]
immediately and delete the email from your computer. Further information
on the classification and handling of FCA information can be found on the
FCA website
(http://www.fca.org.uk/site-info/legal/fc...).
The FCA (or, if this email originates from the Payment Systems Regulator
Limited, the FCA on behalf of the Payment Systems Regulator Limited / the
Payment Systems Regulator Limited) reserves the right to monitor all email
communications for compliance with legal, regulatory and professional
standards.
This email is not intended to nor should it be taken to create any legal
relations or contractual relationships. This email has originated from the
Financial Conduct Authority (FCA), or the Payment Systems Regulator
Limited.
The Financial Conduct Authority (FCA) is registered as a limited company
in England and Wales No. 1920623. Registered office: 25 The North
Colonnade, Canary Wharf, London E14 5HS, United Kingdom
The Payment Systems Regulator Limited is registered as a limited company
in England and Wales No. 8970864. Registered office: 25 The North
Colonnade, Canary Wharf, London E14 5HS, United Kingdom
Switchboard 020 7066 1000
Web Site http://www.fca.org.uk (FCA); http://www.psr.org.uk (the Payment
Systems Regulator Limited)
References
Visible links
2. http://www.fca.org.uk/
Dear Freedom of Information Appeals,
Thank you very much for your detailed and considered internal review, and the extra information.
Yours sincerely,
Jim Killock
Open Rights Group
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