auDA

auDA Policy implementation review

auDA, the body regulating the .au domain, has embarked on a Policy review, through a Review Panel chaired by John Swinson.

The first issue being considered is how to implement the decision to allow “second level” domain name registrations: e.g. domain.au in addition to domain.com.au and domain.net.au etc.

One issue that gives rise to is how to resolve conflicting reapplication for registration if different people have “domain” registered already in e.g. .com.au and .net.au. The Issues Paper explains:

53. Given the extensive stakeholder consultation already undertaken on whether existing registrants should be given priority registration rights, the Panel has decided not to revisit this issue but to focus on developing a priority registration policy. The development of a priority registration policy requires consideration of the following issues:
• cut-off date for determining registrant eligibility for priority registration;
• process for resolving competing claims to the same second level domain name; and
• the priority registration period in which registrants will have exclusive rights to register the second level domain name.

auDA is seeking your views by 10 November 2017.

Issues Paper and further details here .

A second, later phase of the review will look at the policies relating to registration in the established second level domains (such as .com.au).

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auDA reviews whoIS policy

auDA, the body which administers the domain name system in the .au (i.e. Australia) space (OK, ccTLD) has embarked on a review (pdf) of its WhoIS policy.

There are 2 main issues:

  1. Should there be any changes to auDA’s WHOIS Policy covering the collection, disclosure and use of WHOIS data for .au domain names?
  2. Should access to .au domain name data (other than via WHOIS) be opened up?

Apparently, there was a workshop in October 2013 where these issues were canvassed (and you can view a video online – it does go for 1 hour and 25 minutes).

I think if you are a trade mark owner, or act for trade mark owners, you would be well-advised to be making submissions to at least retain the basic information you need to identify the registrant if you want to challenge the registration as conflicting with your trade mark.

I am also not sure why the WhoIS information does not include the date the current registrant became the registrant.

auDA has called for submissions to be made by 31 January 2014.

Link to the Issues Paper (pdf again)

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auDRP review

auda is conducting a review of the auDRP – the dispute resolution policy covering domain names registered in the .au domain name space.

The auDRP was derived from the UDRP, so many of the principles worked out under the latter are equally applicable under the auDRP. Two of the main differences, however, are that under the auDRP:

  • a complainant may have rights sufficient to found a complaint “in a name”, not just a trade mark; and
  • the auDRP requires a complaint to show only registration in bad faith or use in bad faith, it is not necessary to show both bad faith requirements have been satisfied.

auda published an issues paper (pdf).

There is some interesting information about how many disputes there have been and which service providers have been providing the dispute resolution services – in recent years it has been WIPO and LEADR. There is also a breakdown of fees charged by various bodies for dispute resolution under the UDRP.

One question posed is whether auda should put the fees charged for dispute resolution up. Other issues on which submissions are invited were identified by ICANN in Annex 2 to its Final Issues Report (pdf) in 2011 on the UDRP. They include:

Policy/Process Issue

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Description

Safe Harbors

Policy should include clear safe harbors, such as to protect free speech and fair use or other non-commercial rights of registrants

Appeals

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No appeals of process in policy itself– two options appeal of decision or trial de novo

Establish an internal appeals process to ensure implementation of fair trial requirements

Statute of Limitations

There should be an express time limitation for claims brought under the policy

Reverse Domain Name Hijacking/
Uniform Procedures for Transfers

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A finding of reverse domain name hijacking is rarely found, and panelists should be encouraged to make this finding when appropriate

No specified timeframe for implementing transfers

Business Constituency

Delays often experienced in implementation of decisions by Registrars

Loser Pays Nothing

Losing Respondent should pay filing fees and attorney’s fees

However, I am coming to this late: submissions, if any, are supposed to be in by 31 January 2013.

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Names and transfer policies for .au domain names

auDA is the body regulating the .au “name space” or ccTLD.

In that role, it has issued a number of policies including the auDRP (modelled on the UDRP) for the resolution of disputes between rights “holders” and the registrants of confusingly similar domain names.

auDA’s Board has now announced its acceptance of a number of the recommendations of:

2010 Names Policy Panel

Among the recommendations that have been accepted are:

Domain Name Eligibility and Allocation Policy Rules for Open 2LDs:

  • That the requirement for registrants to be Australian (or registered to trade in Australia) should remain in place.
  • That the “special interest club” eligibility criterion for org.au and asn.au domain names should be more clearly defined.
  • That auDA should publish the results of its periodic audits.
  • That auDA’s position on third party rights with respect to domain name leasing or sub-licensing arrangements should be clarified and published.
  • That the close and substantial connection rule for id.au should be relaxed to include domain names that refer to personal hobbies and interests.
  • That direct registrations under .au should not be allowed at this time.
  • the list of reserved names (i.e., those you can’t have) should be maintained and updated.
  • the misspellings policy should be continued in its current form (e.g. you can’t register acebook.com.au, aaami.com.au etc.).
  • A revision of the “domain monetisation” policy so that it will no longer be a standalone policy and “the definition of “domain monetisation” will be replaced with a description of permissible practice, to accommodate a range of monetisation models”.

When the “domain monetisation” policy was originally adopted:

a monetised website was easily recognisable and mostly followed a common format, which meant that enforcement of the policy was relatively straightforward. However, the practice of domain monetisation has significantly changed from a simple webpage with click-through advertising links, to incorporate other formats such as news articles, blogs, images and so on. Methods employed by domainers (ie. people who register domain names for monetisation purposes) are becoming increasingly sophisticated and complex. In some cases it may be that domainers are attempting to circumvent the policy. However, to be fair to the domainer industry, the practice itself is constantly evolving as domainers test and refine ways of generating revenue.

If this were a gTLD, the trade mark owners would be going ballistic – “to be fair to the domainer industry”?????

The proposed revisions, however, would still prohibit allow objection on grounds that “the domain name must not be, or incorporate, an entity name, personal name or brand name in existence at the time the domain name was registered.” See chapter 3 and p. 20 of the Name Policy Panel’s final report (pdf).

Some recommendations still under consideration:

  • That registrants should be able to license a domain name for a 1, 2, 3, 4 or 5 year period.
  • That, in the absence of any compelling technical or policy reason to maintain the restriction, single character domain names should be released (subject to the registrant being eligible to register the name).

Secondary Market working group

The accepted recommendations of this group effectively aim to put in place a mechanism to transfer domain names from one registrant to another in place of the current “workaround” involving surrender and (re-)registration (with the attendant risk that someone might get the name in between those two events.

Announcements: Names policy, Secondary Market

Reports: Names policy (pdf), Secondary Market (pdf)

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