Introduction of a dispute resolution procedure: administrative change, not policy change

Introduction of a dispute resolution procedure: administrative change, not policy change

From: Ian Johnston <ian.johnston§infobrokers.com.au>
Date: Tue, 30 Jul 2002 22:18:07 +1000
Phil

> The way the policy has been implemented clearly attempts to ignore
my valid claim and that of others during the interim period.

Perhaps not entirely.  I note that the Terms and Conditions of com.au
Domain Name Licences issued / renewed under the old scheme
<www.inww.com/policies/comauterms.php3> provide that the contract is
governed by Australian law.  The way may be open for you to take legal
action.

Also I note that the com.au Domain Name Allocation Policy
<www.inww.com/policies/comaupolicy.php3>, which is linked to the Terms
and Conditions, provided for Dispute Resolution
<www.melbourneit.com.au/policies/comaupolicy.php3#5>.

Note that throughout 2000 and 2001 there was a extensive public
consultation process run by the Name Policy Advisory Panel and the
auDRP auDA's Dispute Resolution Working Group.  My recollection is
that there was little support for retrospectively by Panel members.

The Board seemed to have another view, as reflected by its decision
which is recorded at <www.auda.org.au/about/minutes/board-200105.html>
and reproduced below:

<quote>

13. That the Board accepts Recommendation 3.8, that changes to domain
name eligibility and allocation policies do not have retrospective
effect for current domain name licence holders.

Board comment: The intention of the recommendation is that the new
policy will only apply to existing domain name licences if the licence
is re-registered to a different entity, or when the existing licence
holder’s licence is not renewed.  As noted above, this recommendation
applies only to policy changes, and does not apply to administrative
changes such as the imposition of a renewal period or introduction of
a Dispute Resolution Procedure.

</quote>

I've never received a satisfactory explanation as to the basis for the
interpretation that the "introduction of a Dispute Resolution
Procedure" is an administrative change, not policy change.

I wish auDA would communicate more, more openly and more effectively
with its stakeholders, in particular its members and other subscribers
to this DNS public forum.

Ian


--
Ian Johnston
Small Enterprise Telecommunications Centre (SETEL)
www.setel.com.au  mailto:ian.johnston&#167;setel.com.au
02 6258 3409 (B/F)  02 6259 7777 (B)  0413 990 112 (M)

SETEL is a national small business consumer association
advancing the interest of Australian small business
as telecommunications and e-commerce consumers

-----Original Message-----
From: Phil Wright [mailto:newsstuff&#167;network.au.com]
Sent: Tuesday, July 30, 2002 5:09 PM
To: dns&#167;lists.auda.org.au
Subject: RE: [DNS] FW: [DNS] auDA Media Release

Ian
Thank you for that info
I can see the strategy involved but the contractual terms and
conditions
surely ceased when auDA took control so why not that date rather than
1
August 2002?

I have had a matter waiting for action since December last year but
had no
policy to which to seek redress through.
I am sure this cannot be an isolated case and expect that there are
several
others who are also being disadvantaged by the regulation of this
policy not
being afforded to us in a timely manner

The way the policy has been implemented clearly attempts to ignore my
valid
claim and that of others during the interim period.

Why are we being discriminated against to the fortune of those who
hold
licence prior to 1 August 2002 but after the date that auDA took over
from
Melb IT ??

Phil Wright


-----Original Message-----
From: Ian Johnston [mailto:ian.johnston&#167;infobrokers.com.au]
Sent: Tuesday, 30 July 2002 4:57 PM
To: Phil Wright
Cc: DNS
Subject: [DNS] FW: [DNS] auDA Media Release


Phil

See the Name Policy Advisory Panel (NPAP) recommendation in its Final
Report of 2001 to the auDA Board (reproduced below).

A key issue for the NPAP was how contractual terms and conditions
between existing domain name licence holders and MelbourneIT could be
varied.  Many licences in .com.au were issued under:

- com.au Domain Name Allocation Policy
<www.inww.com/policies/comaupolicy.php3> and

- Terms and Conditions for a com.au Domain Name Licence
<www.inww.com/policies/comauterms.php3>.

Over-riding legislation was out of the question.

Ian


ENDNOTE

3.8 Retrospectivity
Recommendation:
Changes to domain name eligibility and allocation policies do not have
retrospective effect for current domain name licence holders.  The new
policy will only apply to existing domain name licences if the licence
is re-registered to a different entity, or when the existing licence
holder’s licence expires.

The Panel recognises that ‘grandfathering’ is accepted practice when
introducing policy changes.  Entities that licensed a domain name
under the existing policies will have security of tenure over that
licence (provided they continue to renew the licence as required).

The Panel notes that the intent of its recommended policy changes is
to relax the current policies, thereby allowing more domain names to
be licensed by more people.  Therefore, it should not be the case that
existing domain name licence holders would ‘lose’ their licence under
the new policy, even if they were not expressly protected.

The Panel has reached this conclusion after considering the
inconsistencies created by preserving the status of some domain name
licence holders under the old policy, while requiring others to comply
with the new policy.

-----Original Message-----
From: Phil Wright [mailto:newsstuff&#167;network.au.com]
Sent: Tuesday, July 30, 2002 4:31 PM
To: dns&#167;lists.auda.org.au
Subject: RE: [DNS] auDA Media Release

"This demonstrates that auDA is serious about enforcing ethical
behaviour in
the domain name industry, and is prepared to act swiftly to protect
registrants," said auDA CEO, Chris Disspain.

Why not the same sense of urgency or swiftness when it comes to the
'new'
auDRP ?
Why should domain licences that were issued prior to 1 August 2002 be
offered grace and perceived protection until renewal??

	"Domain name licences that were issued before 1 August 2002 are not
subject
to a mandatory administrative proceeding under the auDRP:
	until the domain name licence is renewed; or
	unless the registrant voluntarily elects to be bound by the auDRP
before
their domain name licence is renewed."
	http://www.auda.org.au/policy/audrp/

Seems like auDA is attempting to enforce the new auDRP with a clear
bias
that seemingly attempts to protect current domain holders despite
there
being considerable time since a Dispute Resolution Process was
available to
parties with competing or superseding rights?

Is everyone happy with the auDRP being geared with such bias?

Surely it is improper to suggest that antecedent and other rights
should be
forced to wait and only exercised when or after a renewal become due?

Phil Wright



-----Original Message-----
From: Dave Hooper [mailto:dave&#167;davehooper.net]
Sent: Tuesday, 30 July 2002 10:18 AM
To: dns&#167;lists.auda.org.au
Subject: RE: [DNS] auDA Media Release


> -----Original Message-----
> From: Chris Disspain [mailto:ceo&#167;auda.org.au]
> Sent: Tuesday, 30 July 2002 9:32 AM
> To: dns&#167;auda.org.au
> Subject: [DNS] auDA Media Release
>
> auDA takes action on Internet Registry Pty Ltd mail out


"Stop!"

"If you don't stop, I'll say stop again!"

Dave Hooper


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Received on Fri Oct 03 2003 - 00:00:00 UTC

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