The Board accepted the Panel's recommendation that existing domain name
licences should be 'grandfathered' from future policy changes, in order to
provide existing registrants with security of tenure. This is consistent
with past practice, for example when the restriction on generic domain names
in com.au was introduced in 1996, registrants who had previously registered
generic names were allowed to keep them.

However, the Board was concerned that blanket grandfathering of domain name
licences would lead to significant inconsistencies within the .au namespace.
Whilst this is not so critical with regard to the allocation of domain
names, it poses a potentially much greater problem with regard to the
regulatory changes that auDA will be introducing. From a policy perspective,
it was not considered acceptable that a large number of registrants (nearly
300,000 on current figures) would not be subject to auDA's Dispute
Resolution Policy.

Therefore, in considering the Panel's report, the Board drew a distinction
between policy changes - ie. changes to the rules of eligibility and
allocation - and administrative changes - ie. changes to the regulatory
regime. This means that existing registrants will be entitled to keep their
domain name licence, provided they continue to renew it. A condition of
renewal will be that they agree to "sign onto" the new regulatory regime,
including the auDRP.

We cannot see that this decision carries any adverse implications. Existing
registrants will not incur any cost or administrative burden under the auDRP
unless they receive a complaint, and if they have licensed their domain name
in good faith without violating the rights of a third party, then there is
no reason why they should receive a complaint.

Regards

Jo Lim
Chief Policy Officer
.au Domain Administration
ph 03 9226 9495
fax 03 9226 9499
mob 0410 553 233

-----Original Message-----
From: Ian Johnston [mailto:ian.johnston§infobrokers.com.au]
Sent: Wednesday, 15 August 2001 3:01 PM
To: DNS
Subject: [DNS] auDA Board Decision: "an administrative change" or "a policy
change"

I'm puzzled by some references in the auDA Board minutes of May 2001 and
what the implications of these references might be.

>From the auDA Board minutes of May 2001 at
<http://www.auda.org.au/minutes/2001-05.html>:

"8. That the Board accepts Recommendation 3.3 e, that the domain name
licence applicant must agree to be bound by any Dispute Resolution Procedure
specified by auDA.

Board comment: The introduction of a Dispute Resolution Procedure is an
administrative change, not a policy change.  Therefore, the 'grandfathering'
provision in Recommendation 3.8 does not apply to this recommendation."

Could I have a response from auDA to the following questions please:

- What are the definitions of "an administrative change" and "a policy
change"?

- What are the implications (or intended implications) of the abovementioned
Board decision?

- Does the decision mean that the new / proposed "Dispute Resolution
Procedure" will apply to all existing domain name licence holders?

I can see that the _Introduction_ of a Dispute Resolution Procedure might be
a administrative change, but if there's any suggestion that the new /
proposed Dispute Resolution Procedure itself is not a policy change, that I
would question.

SETEL is a member of auDA and I was a member of the Competition and Name
Panels.


Ian

~~~~~
Ian Johnston, Policy Consultant
Small Enterprise Telecommunications Centre Limited (SETEL)
PO Box 58   Jamison   ACT   2614   Australia
02 6251 7848 (B)   02 6251 7835 (F)   0413 990 112 (M)
www.setel.com.au   mailto:ian.johnston&#167;setel.com.au

SETEL is a national association advancing and representing
the interests of Australian small businesses as consumers of
telecommunications and electronic commerce.


~~~~
Ian Johnston, Principal Consultant
Australian Information Brokers (ABN 79 613 435 633)
Information research, consultancy and marketing services
Information economy, e-commerce and telecommunications
Canberra   Australian Capital Territory   Australia
02 6259 7777(B)   02 6258 3409(F)   0413 990 112 (M)
www.infobrokers.com.au   mailto:ian.johnston&#167;infobrokers.com.au

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