To: Chris Disspain, CEO auDA

Chris,

I am concerned that with the release of 'generic' com.au domain names auDA
will require applicants to meet the eligibility requirements of the new
com.au policy when those eligibility requirements are not clear.

By way of background it is my understanding that:

auDA intend to publish a list of "generic" com.au domain names before
Christmas and allow people 4 weeks to "apply" for the listed names. The list
will be a list of all ‘generic’ names that have been refused by MIT in the
past. Applications will be checked to ensure they comply with the
eligibility requirements under the new com.au policy. If there is more than
one eligible applicant for a particular 'generic' domain name a closed
auction will take place and the winning bidder will be awarded the domain
name.

auDA accredited registrars will be responsible for administering the new
policy. During the assessment of generic names applications policy
guidelines will be formulated and those guidelinews will be subsequently
published at "the appropriate time."

Please let me know if my understanding is not correct.

I note that the final report of the Name Policy Advisory Panel recognises
that a decision that a domain name is 'otherwise substantially and closely
derived from the name on which the domain name licence is based' may be
regarded as a subjective one' and also states that "If necessary, auDA could
formulate guidelines for the application of this rule." Without guidelines
on the application of this rule there will be uncertainty in some cases as
to whether a potential applicant satisfies the connection test under the new
regime.

I would suggest that "the appropriate time" to establish and publish the
policy guidelines would be prior to accepting applications for generic
com.au domain names.


I am keen to hear your response to the above.


Regards,
Scott Gardiner'
This message was sent by Scott Gardiner,
Please respond to scott.gardiner§pof.com.au

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