Yes,
Still ~170 domains out of millions ain't much.
However to sort that out I would launch a DNS backup service with blacklisting for gov's apprehensions. Therefore all the users would need to do is to point at one of those backup nameservers.
ie.
(...)
Been done.
http://en.wikipedia.org/wiki/Alternative_DNS_rootNot that I know of and not in that page at least! Backed up DNS is NOT an "Alternative DNS Root", not even a DNS Root at all, it uses the pretty common TLDs you're used to; .org, .net, .com, .uk, .us... not some mumbo-jumbo like ".web", ".my-fricking-stupid-tld" and alike.
All it does is to keep a backup of its own lookups and prevent a domain to be resolved to a blacklisted IP Address.
Let me explain better;
1.2.3.4 is a backed up/blacklisting nameserver
2.3.4.5 is a plain regular nameserver
7.7.7.7 is the feds IP that shows you a page with an eagle an redirects you to a youtube video with a sad story about a woman holding a mic.
8.8.8.8 is the real IP of thefreakingwarez.com
7.7.7.7 is blacklisted at 1.2.3.4
MAFIAA puts a lawsuit against thefreakingwarez.com for "IP" violation.
The feds request the root servers to redirect thefreakingwarez.com to 7.7.7.7
John uses 1.2.3.4
Ann uses 2.3.4.5
2.3.4.5 passes forward a nslookup from Ann and it returns to her 7.7.7.7 - so her browser will open the eagles and the youtube sad story
1.2.3.4 fetches 7.7.7.7 from the internet, but as it is a blacklisted IP it denies such entry, using its last resolved IP for that IP as result, so John will still get 8.8.8.8 and goes to see his warez site.