RE: [DNS] auDA media release

RE: [DNS] auDA media release

From: Neale Banks <neale§lowendale.com.au>
Date: Thu, 19 Jun 2003 11:27:30 +1000 (EST)
On Thu, 19 Jun 2003, Craig Ng wrote:

> 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.

Thanks for the clarification.

> 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.

I think I'm asking the same thing as Vic here....

As you say, "it is not sufficient for the reseller to give the
authorisation".  But presumably the registrant can engage, for want of a
better term, a "consultant" - and delegate such that this consultant acts
as the registrant's agent in these matters?

That being the case, is there anything preventing the reseller from also
being the "consultant"?

FWIW: I'm not arguing that this should be able to be the case, just that
the situation needs to be clarified.  IMHO, there may well be a case for
enforcing a separation between "agent" and "reseller"/"registrar".

Thanks,
Neale.
Received on Fri Oct 03 2003 - 00:00:00 UTC

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