RE: [DNS] auDA media release

RE: [DNS] auDA media release

From: Craig Ng <Craig.Ng§maddocks.com.au>
Date: Thu, 19 Jun 2003 11:07:18 +1000
Dear Jason

I am responding to your query wearing my hat as auDA's lawyer.

The short answer is no.  Under the Transfers (Change of Registrar of Record) Policy (auDA Published Policy number 2003-03) <http://www.auda.org.au/docs/auda-2003-03.pdf>, it is clear that the gaining registrar must receive a positive response from the registrant contact, before the gaining registrar can send a transfer command to the registry.  See clause 4.1 of the Policy.  The reseller cannot give the authorisation on behalf of the registrant.

Where the registrant contact is a reseller itself, then auDA has clarified that it is not sufficient for the reseller to give the authorisation - the gaining registrar is required to obtain this authorisation directly from the registrant in writing.

Regards
Craig Ng



Craig Ng
Partner
Maddocks

t  +613 9288 0523
f  +613 9288 0666
e  craig.ng&#167;maddocks.com.au

>>> jasonpay&#167;au1.ibm.com 19/06/03 9:28:52 am >>> 




Can auDA confirm that it is ok to do transfers if the registrant has 
aggreed via a T&C aggreement which states that the reseller can transfer 
the registrants domain name to a registrar of the resellars choice at any 
time without the registrants explicit concent. 

I would think that a "signed" aggreement between the resellar and the 
registrant defining the reseller as the managment authority for the domain 
would be an appropriate measure. Maybe auDA can sanction some sort of 
process by which a resellar can have "Managment" authority over registrants 
domain names if the registrant aggress at the point of domain regiatration 
or after via a eform / fax / or hard copy of authorisation. 

Regs, 

Jason Pay 

>No problems... I consider that the customer giving us Management control 
>of the domain is 'opt-in'. 
>Thanx for clearing that up. 
> 
>...Skeeve 
> 
-----Original Message----- 
From: Ian Smith [ mailto:smithi&#167;nimnet.asn.au] 
Sent: Thursday, 19 June 2003 6:21 AM 
To: Kim Davies 
Cc: dns&#167;lists.auda.org.au 
Subject: Re: [DNS] auDA media release 


On Wed, 18 Jun 2003, Kim Davies wrote: 

> Skeeve Stevens wrote: 
[..] 
> > As we have been given the management role of those to look after 
them, I > > already consider us to have implicit permission, but I 
thought that they > > should be informed and given a 'opt out'. > > 
> > Does auDA see any problems with this? 
> 
> As a "consumer", I have a problem with this. I would rather see you 
get 
> _explicit_ permission from your customer that you have the right to 
> change their registrar (I assume that is what you meant?). Otherwise, 

> your proposal sounds something very easily abused. 

Indeed. As I read the new policy - of which I was blissfully unaware 
until Chris posted the advisory about an abuse of it; my fault for not 
keeping up I guess - and particularly the ACCC's comments on the draft, 
it seems that the protection of the registrant's control over his, her 
or its domain licence has won out on this one (applause for AuDA ..) 

> An email with a short opt-out time frame is ripe for abuse. Email is 
an 
> unguaranteed medium, you could be sending the emails to the wrong 
> address etc. It should be opt-in, not opt-out. 

If I'm reading the policy right, it is opt-in only by the registrant. 

> In these areas I definately think it is important to side with the 
> consumer awareness rather than open loopholes. 

Yes. I've just forwarded the new policy to one interested registrant. 

The ability to transfer without having to renew is worthy too, methinks. 

> kim 
> (speaking for myself as usual) 

Cheers, Ian 
(having noone else I could even pretend to speak for) 


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

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