From: <§>
Date: Wed, 13 Aug 1997 22:59:26 EDT
Kevin's draft highlights many of the issues that need to be

One issue brought to my attention which appears to be valid
regardless of 2LD is that of 'ownership' of data in the domain name
system.  There are issues here if a DNA changes or if a license to
be a DNA is revoked.  The point made to me - which I support - is
that we need to clarify:

*what data is public, and not the property of any one DNA
*what data is private, and not the property of any one DNA, even if
one DNA holds that data.
*what data (if any) is the property of the DNA.

Following is the current version of a draft I posted last week which
approaches the issues from a starting assumption (which may or may
not be correct) that a policy document that is 2LD specific is
unavoidable, even if there are things that apply to all 2LDs that
are documented elsewhere but perhaps referenced in the 2LD specific

Regards, Mark

For the DOMAIN:

The domain is intended for commercial for-profit
organisations and is administered by one or more DNAs.  ADNA offers
non-exclusive licenses to organisations to be DNAs in the
2LD.  Licenses are granted and renewed subject to the DNA continuing
to meet the specified criteria, and may may be revoked by ADNA
subject to the specified revocation provisions.  In the event of a
dispute between ADNA and a DNA, the disputant(s) agrees to submit to
and be bound by the dispute resolution process detailed in this

ADNA licenses for DNAs are issued subject to the following

2.1 Licenses are valid for one year or part thereof, starting on 1
July and ending on 30 June.  Melbourne IT currently has a license as
a DNA that expires on 30 June 2001 and will thereafter be
renewed on the same basis as other DNAs.
2.2 The domain name licence is non-transferrable.

A license to be a DNA in will be automatically renewed for
existing DNAs meeting the following criteria:

3.1 DNAs must be an incorporated body.
3.2 DNAs must pay annual renewal fees as set from time to time by
ADNA.  The fee for 1997/1998 is set at  $.50c per domain
name registered by the DNA.
3.3 DNAs must have a permanent connection to the Internet.
3.4 DNAs must be covered by at least $1,000,000 professional
indemnity insurance.
3.5 DNAs must abide by the Code of Practice as revised by ADNA from
time to time.
Applicants to become a new DNA must meet all criteria for Annual
License Renewal plus:

3.6 Applicants for DNA roles must pay an application fee as set from
time to time by ADNA.  The fee for 1997/1998 is $5,000 for
organisations who are not currently DNAs.  This amount, minus any
administrative costs incurred in processing the application, is
refundable to unsuccessful DNA applicants.

ADNA may revoke the license to operate as a DNA in the
domain for any of the following circumstances:

4.1 For breach of an applicant warranty (for example, for misleading
or incorrect information on the application form).
4.2 Where a court of competent authority determines that the domain
name should not be allocated to the applicant, or should be
allocated to another party
4.3 Where the commercial entity which owns the domain name ceases to
exist, or the licence to use the company or business (or other) name
is revoked or lapses.
4.4 Where the commercial entity which owns the domain name changes
its name; or where instructed by the current licensee of the domain

If a domain name licence is revoked, the name will remain dormant
for a period of three months.  During this period the original
licensee may address the issue which led to the revocation of the
domain name licence. After this period, the domain name will cease
to be allocated and can be applied for by another party.

This dispute resolution process provides for mediation and
resolution by an industry-accepted arbitration process.  The dispute
resolution process is:

1 The originator of the dispute notifies the DNA that there is a
2 The originator, and any other parties must attempt to settle the
dispute by negotiation and conciliation
3 If the dispute is not settled by negotiation or conciliation, the
dispute is referred to the Australian Commercial Disputes Centre.
All parties agree to be bound by the ruling of the arbiter.

Refer to separate Code of Practice.

This policy governs the third level domain name space immediately
within and applies from 24th February 1997 and replaces the
policy which applied from 1st November 1996. All existing registered
domain names, including those which do not conform to this policy,
will be honoured.
The purpose of the domain name space is to provide
Australian commercial organisations with a domain name which is:

? unique - the system will not accept applications for domain names
that already exist in the AUNIC registry.
? identified with the organisation
? not confused with other organisations' domain names

Names that meet the rules as detailed below will be issued
on a first come first served basis.
Any legal entity which is a commercial entity that trades in
Australia can register a COM.AU domain name.  For the purposes of
this policy a commercial entity is considered to be one that exists
to make a profit.  Examples include companies, statutory
corporations or authorities, incorporated associations, partnerships
and sole traders.

A commercial entity is allowed one COM.AU domain name. Where
separate commercial entities exist within a parent entity (for
example, separate business names within a parent company), both the
parent company and the separate commercial entities may apply for a
domain name.
We recommend that certain other organisations obtain domain names in
other second level domains as follows: for not-for-profit organisations for government organisations for educational organisations
Each domain name in must:

7.4.1 Be at least two characters long
7.4.2 Contain only alphanumeric characters (i.e. a-z, A-Z, 0-9) and
7.4.3 Start and finish with an alphanumeric character
7.4.4 Not be an Australian place name which has a postcode.
7.4.5 Be directly derived from the legal name of the commercial
entity;  the domain name can only be derived from the characters in
the full legal name of the commercial entity in the order in which
they appear. Additional characters that do not appear in the full
legal name of the commercial entity can not be used.
7.4.6 Not be a generic word describing products (goods or services),
industries, industry sectors, or organisations.  Examples of
unacceptable domain names include: beer (product), banking
(industry), industrial (industry), company (organisation type).
Generic phrases comprising of two or more generic words are allowed.

 * * * * * * * * * * * * * * * * * * * *
*  Message From : HUGHES, MARK          *
*  Location     : AUSTRALIA-CCA HDQ     *
*  KOMAIL ID    : N17503  (CCAMCQN1)    *
*  Date and Time: 08/14/97  12:57:26    *
 * * * * * * * * * * * * * * * * * * * *
Received on Thu Aug 14 1997 - 13:28:00 UTC

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