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§maddocks.com.au >>> jasonpay§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§nimnet.asn.au] Sent: Thursday, 19 June 2003 6:21 AM To: Kim Davies Cc: dns§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) ------------------------------------------------------------------------ --- List policy, unsubscribing and archives => http://www.auda.org.au/list/dns/ Please do not retransmit articles on this list without permission of the author, further information at the above URL. (368 subscribers.) --------------------------------------------------------------------------- List policy, unsubscribing and archives => http://www.auda.org.au/list/dns/ Please do not retransmit articles on this list without permission of the author, further information at the above URL. (368 subscribers.) --------------------------------------------------------------------------- List policy, unsubscribing and archives => http://www.auda.org.au/list/dns/ Please do not retransmit articles on this list without permission of the author, further information at the above URL. (368 subscribers.) ------------------------------------------------------- Maddocks Tel: (03) 92880555 International: +61 3 92880555 Fax: (03) 92880666 International: +61 3 92880666 Web: http://www.maddocks.com.au ------------------------------------------------------- The information in this electronic mail is privileged and confidential, intended only for use of the individual or entity named. If you are not the intended recipient, any dissemination, copying or use of the information is strictly prohibited. If you have received this transmission in error please delete it immediately from your system and inform us by email on info§maddocks.com.au. -------------------------------------------------------Received on Fri Oct 03 2003 - 00:00:00 UTC
This archive was generated by hypermail 2.3.0 : Sat Sep 09 2017 - 22:00:06 UTC