[DNS] auDA media release re citing of NetRegistry for breach

[DNS] auDA media release re citing of NetRegistry for breach

From: Larry Bloch <larry.bloch§netregistry.com.au>
Date: Thu, 8 Jun 2006 17:22:56 +1000
Chris,
 
I'm pleased it's your last word on the subject on this list. That way, your
foot will stay in your shoe.
 
Yes, Brett did tell me auDA asked me to get involved to resolve it, and at
no point did I say I wouldn't get involved - that's fabrication. In fact I
said I would call to resolve it. Before I had a chance to do that, I
received your letter indicating we would be cited. Clearly auDA became
impatient and couldn't wait 24 hours. Clearly auDA has no respect or
consideration for businesses that purchase domain names and prefer
unilateral action. And moreover, why would I contact you about your citation
letter? It was a fait accompli with no avenue for discussion. You were
hardly inviting a response, you were simply telling us how it was going to
be.
 
Media were contacted after your letter and after your deletion of the names,
so sorry, 'being too busy with the media to look after our customer' doesn't
wash.
 
auDA were given close and substantial claims of:

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".
before any of this blew up. Perhaps someone else at auDA can explain why
these names were rejected?
If you think no more comments on this list is the end of it, I can assure
you it is not. auDA has failed in it's duty on these names, has acted
unilaterally and unfairly removed a valid registration to the detriment of
an innocent business owner. You can point the finger at me, at NetRegistry
at Giles, Brett or anyone you care to, but the facts remain: This
application is no less valid than thousands of others that auDA has no issue
with. The decision to delete them is arbitrary, petty and dismissive of
businesses rights to a name of their choice. Their close and substantial
claim exceeds the standard required, and exceeds the standard set for many
many other registrations.
Do the right thing. Reinstate the names.
 
Larry
 
 
 
 
-----Original Message-----
From: dns-bounces+larry.bloch=netregistry.com.au&#167;dotau.org
[mailto:dns-bounces+larry.bloch=netregistry.com.au&#167;dotau.org] On Behalf Of
Chris Disspain
Sent: Thursday, 8 June 2006 4:16
To: '.au DNS Discussion List'
Subject: Re: [DNS] auDA media release re citing of NetRegistry for breach


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&#167;auda.org.au
www.auda.org.au
 

  _____  

From: dns-bounces+ceo=auda.org.au&#167;dotau.org
[mailto:dns-bounces+ceo=auda.org.au&#167;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&#167;dotau.org
[mailto:dns-bounces+larry.bloch=netregistry.com.au&#167;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&#167;auda.org.au> ceo§auda.org.au
 <http://www.auda.org.au> www.auda.org.au
 

  _____  

From: dns-bounces+ceo=auda.org.au&#167;dotau.org
[mailto:dns-bounces+ceo=auda.org.au&#167;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&#167;dotau.org
[mailto:dns-bounces+larry.bloch=netregistry.com.au&#167;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&#167;bmcd.com.au
02 9929 0200
0414 535 433
 
 
 
 
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