Hi Larry, The problem here is that you've been too busy attempting to gain as much publicity as you can (nothing wrong with publicity per se BTW) to bother to contact auDA at all to discuss our letter or take much of an interest in looking after the interests of your client. 2 days prior to sending the letter we contacted Brett Fenton at NetRegistry and told him we were concerned about the way the matter was being handled by Giles Donovan and what would have to happen if we didn't get a response. He told us he would talk to you. We were informed that you were not prepared to involve yourself in sorting out the situation. The following day we were told that you would call us to discuss. You didn't. We stand by our findings and our action. And that is my last word on the subject on this list. Cheers, Chris Disspain CEO - auDA ceo§auda.org.au www.auda.org.au _____ From: dns-bounces+ceo=auda.org.au§dotau.org [mailto:dns-bounces+ceo=auda.org.au§dotau.org] On Behalf Of Larry Bloch Sent: Thursday, 8 June 2006 16:07 To: '.au DNS Discussion List' Subject: Re: [DNS] auDA media release re citing of NetRegistry for breach Chris, It's never wise to quote a journo. In the same article, you are quoted as saying "AuDA CEO Chris Disspain claimed that NetRegistry had not sent the industry body any communication on why or how its customer was eligible for the domain names. "Irrespective of whether or not the customer was eligible for the domain name, NetRegistry sent us no communication about the customer and we had to delete these names because it ignored our requests to do so," said Disspain.: >From this I take it that you didn't receive the spreadsheet sent to you at 5pm on May 30th detailing the following for these two domain names? bs.net.au: Existing business is involved in Web Services, this will be a new brand "Business Support". ws.net.au: Existing business is involved in Web Services, this will be a new brand "Web Support". Moreover, the owner of Domweb communicated directly with auDA on the matter on 30th May at 11:31. In addition, there is a trail of four or five emails on the matter between NetRegistry and auDA. So which is it? Did you delete the names because NetRegistry sent you no information, or because you just decided Domoweb shouldn't have the name? For the benefit of all, I will assume the journalist got it wrong above and you aren't a bald-faced liar, and that auDA just had a bad day and decided not to accept the above warrants by the registrant. Just stop dragging it out, admit that auDA got it wrong and reinstate the names. Larry -----Original Message----- From: dns-bounces+larry.bloch=netregistry.com.au§dotau.org [mailto:dns-bounces+larry.bloch=netregistry.com.au§dotau.org] On Behalf Of Chris Disspain Sent: Thursday, 8 June 2006 3:23 To: '.au DNS Discussion List' Subject: Re: [DNS] auDA media release re citing of NetRegistry for breach >From http://www.itnews.com.au/newsstory.aspx?CIaNID=33475 <http://www.itnews.com.au/newsstory.aspx?CIaNID=33475&r=rss> &r=rss "NetRegistry's Bloch claimed that the auDA was stepping over its regulatory bounds. Its decision not to respond to the auDA's requests were a way to rebel against an over-zealous regulator. "Ignoring the auDA was our way of protesting against its ruling and we have received a citation for it. We were happy to take on the chin for our stand." Rebelling against an 'over-zealous' regulator or just plain media whoring? Cheers, Chris Disspain CEO - auDA <mailto:ceo§auda.org.au> ceo§auda.org.au <http://www.auda.org.au> www.auda.org.au _____ From: dns-bounces+ceo=auda.org.au§dotau.org [mailto:dns-bounces+ceo=auda.org.au§dotau.org] On Behalf Of Larry Bloch Sent: Thursday, 8 June 2006 14:48 To: '.au DNS Discussion List' Subject: Re: [DNS] auDA media release re citing of NetRegistry for breach Whatever. Shoot the messenger if you like. The way auDA has implemented close and substantial wrt these 2 letter domains is is nothing short of shameful. You have implemented policy in a way akin to someone buying a house, paying for it, getting the title deed and then after they've moved in, taking the house away based on an obscure and almost incomprehensible technicality, with no compensation and no right to appeal. How can that possibly be right? If you would shut up and listen occasionally, you might get to understand the industry you regulate. Larry -----Original Message----- From: dns-bounces+larry.bloch=netregistry.com.au§dotau.org [mailto:dns-bounces+larry.bloch=netregistry.com.au§dotau.org] On Behalf Of Chris Disspain Sent: Thursday, 8 June 2006 1:21 To: '.au DNS Discussion List' Subject: [DNS] auDA media release re citing of NetRegistry for breach auDA cites NetRegistry for breach of Registrar Agreement and Published Policies June 8, 2006: auDA, the Australian Domain Name Administrator has ruled that NetRegistry Pty Ltd, one of over 20 registrars accredited by auDA, has breached its Registrar Agreement. Details of the breach are available at http://www.auda.org.au/pdf/netregistry-breach-notice.pdf. In summary, NetRegistry: a) breached the transfer policy by transferring a domain name from the registrant to another person without the consent of the registrant and without following the steps outlined in the transfers policy b) breached Domain Name Eligibility and Allocation Rules by failing to/refusing to take action once they were aware that names had been registered in breach of policy auDA provided NetRegistry with notice of the breach at 5.20 pm on 6 June. In its notice auDA required the registrar to provide undertakings that; 1. it will in future comply with all legitimate instructions from auDA; 2. if Giles Donovan (a Director of the registrar) is to continue to handle domain name registrations within the registrar, he is familiar with all relevant Published Policies; and 3. that the registrar will, within one month of the date of this notice: a) conduct a comprehensive review of all of it's procedures and systems to ensure compliance with its obligations under the Registrar Agreement and Published Policies; and b) conduct training of all relevant staff in relation to it's obligations under the Registrar Agreement and Published Policies in relation to the .au domain name system. auDA received confirmation of undertakings from NetRegistry at 6.30 pm on 6 June. "We are pleased that we have received the undertakings required. However, in the circumstances, we will closely monitor NetRegistry to ensure that the principals of the business and their staff are operating in accordance with our published policies and the registrar agreement" auDA CEO, Chris Disspain said. ENDS .au Domain Administration Ltd (auDA) is an Australian not-for-profit company vested with the responsibility of operating the .au domain for the benefit of all stakeholders. In its role as manager of the .au domain, auDA carries out the following functions: * develop and implement domain name policy * license 2LD registry operators * accredit and license registrars * implement consumer safeguards * facilitate .au Dispute Resolution Policy * represent .au at ICANN and other international fora. Media Contacts: Blackie McDonald Luke Dean, Account Manager Luke.Dean§bmcd.com.au 02 9929 0200 0414 535 433 -------------- next part -------------- An HTML attachment was scrubbed... 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