I don't think "This site has been found to be a scam" should be done in the distribution channel, but rather like Google's safebrowsing initiative... Just, maybe not Google-operated.
To me, I think I would imagine a website doing something illegal to be more akin to a newspaper ad that sells something illegal. It's not illegal for me to bring a newspaper home from a country with ads about services that are legal where the newspaper is from, but illegal in my home-country. So, why should bringing the ad over digitally be any different?
The illegal may only occur once the service is ordered/used, and only so if it is illegal to be the recipient/import (sometimes things are illegal to sell, but legal to buy).