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Government to take over .au name space management! Fairwell auDA.

Discussion in 'Domain News' started by DomainNames, Feb 21, 2018.

  1. DomainNames

    DomainNames Membership: Community

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    Under the powers open to it to use the Commonwealth Government is looking to take over management of the .au name space using a "Statutory Authority" management model instead.
    https://www.communications.gov.au/departmental-news/review-au-domain-management

    It is obvious too many breaches of the auDA Constitution and the Governments own requirements have occurred.

    "The fan is covered in Shi$ and too many people are sick of cleaning it .. The shi% has hit the fan too many times and we see no improvement ever after repeated warnings to get it into shape... This .au thing is F'ing crazy.. who is behind it when it's obvious most people have no clue what's going on and they never voted yes for it!.. They either stop this cra% or we will shut them down and guess what... we will not go down with them")

    Of course some will say this is a bad thing with their own vested interest keeping auDA how it has been run for so long but I think it will work with proper investigation what has gone wrong over the last 19 years of auDA and they don't make thr same mistakes.

    https://www.abr.business.gov.au/EntityTypeDescription.aspx?Id=51

    Commonwealth Government Statutory Authority
    A government statutory authority is established under an Act of Parliament and can be part of a government entity.

    https://www.communications.gov.au/what-we-do/internet/internet-governance/domain-names

    The Australian Government also has some powers relating to the Australian domain:
    ___________________________
    This may be why auDA and some others are really pushing the implementation of the .au as fast as is possible?... If they are wound up it would be too late!!

    https://www.auda.org.au/about-auda/our-org/constitution/
    "8 WINDING UP

    On dissolution of the Company, the right to administer the .au ccTLD must either be transferred on to another entity nominated or approved by the Commonwealth of Australia or, in the absence of such approval, be transferred to the Commonwealth of Australia.

    If upon the winding up or dissolution of auDA there remains, after the satisfaction of all its debts and liabilities, any property or money whatsoever, the remaining assets shall not be paid or distributed to the Members but shall be transferred to the subsequent entity approved by the Commonwealth of Australia to manage the .au ccTLD."
     
    Last edited: Feb 21, 2018
  2. DomainShield

    DomainShield Membership: Community

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    Your title is misleading and anyway this a repeat of another thread where you ended up talking to yourself in an empty room.
     
  3. DomainNames

    DomainNames Membership: Community

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    Good to see you engaging again. A lot of people read these forums and guess what so does Google search results.

    Don't shoot the messengers :)

    If you really valued your business and customers you may want to start really listening. Most people here supported ( funded) the drop auctions and built those businesses from the early days...

    Some people thinking they can shoot down people who are speaking up are only digging their businesses deeper into the hole auDA and the PRP have just dug for everyone.

    If auDA releases the PRP meeting audio and presentations from every meeting more people will be shocked and not so dismissive this is the biggest issue auDA will ever see and it will cause them the most problems due to the way they have gone about it.

    No person who heard every PRP meeting audio and watched the presentation and suggestions would buy anything else from the drop catchers for the foreseeable future ... It would simply be a massive mistake to do so with what auDA and the PRP have been saying and promoting.

    Why do people think auDA is now not going to release it? How is that Accountable and Transparent? It's not.

    If I was a drop catcher I would be listening, reading , asking auDA for answers and working with people who are raising concerns not against them.

    If the .au comes in under the current PRP suggestions no new registrants or COR are eligible for the .au from April 2016. That will be a lot of very unhappy consumers who paid good money being detrimentally affected and disenfranchised.
     
    Last edited: Feb 21, 2018
  4. findtim

    findtim Membership: VIP

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    auDA Member:
    Yes
    thats why a misleading title can do damage, it gets picked up and some journo who skimsssssssss what you have written takes it as fact, next thing its on a respected media website.
    sure the journo's going to get sacked !! but mis-information helps nobody.

    tim
     
  5. DomainNames

    DomainNames Membership: Community

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    Is it wrong? Who has told you that?

    FYI dntrade also has time limits to edit titles.

    auDA and some others are fairly well known for mis-information. We voted in you, Nicole and Ned to stop that.

    We voted you in to make auDA more accountable and transparent.... what we are seeing is they are rapidly changing website materials, deleting off a lot of materials...refusing to release auDA public meeting audio and presentations from the PRP roadshow but keeping this audio for themselves to use.

    Tim Connell
    https://www.domainer.com.au/auda-elections-2016-candidate-statement/
    • Ned O'Meara
    • Nicole Murdoch
    HERE: WWW.GRUMPY.COM.AU NOW DELETED?

    http://webcache.googleusercontent.c...+&cd=103&hl=en&ct=clnk&gl=au&client=firefox-b
    "Our Thoughts On Direct Registration


    We were both on the auDA 2015 Names Panel, and part of the Minority Report that did not agree with the need for direct registrations. Two years later we are even more convinced of this. It will effectively be a “double tax” on existing registrants – and an unnecessary “cash grab” by some.
    • Causes confusion in the market place
    • Distracts from a premium domain
    • Possible unfair implementation
    • Forces registrants to “defensively register” domains
    • However, we do realise that there are some who have a different point of view to ourselves. Those that are in favour of direct registration. To them we say this. We respect your point of view – but we’d hope you’d agree and believe in proper process being followed. Our consistent position is that if auDA contacts every single registrant of an .au domain name and gives them the opportunity to “have a say” about introducing direct registrations (with full facts as to costs and implications), then we will accept the majority view. This hasn’t been done to date – and it should be. We must ensure that the decision is truly representational, and not a veiled attempt at pushing an agenda.
    • If a full and proper consultation is not done, we commit to try and overturn the existing direct registration decision at Board level.
    • If we are unsuccessful, then we’ll do our best to ensure that existing com.au registrants are protected and afforded priority rights. Why com.au registrants as opposed to any other .au extension? Because com.au holds approximately 90% of all domains in Australia.
    Better Transparency / More Communication
    • auDA is a membership organisation. It is accountable to a range of stakeholders, including both the “Supply” and “Demand” sides of the internet community within Australia. Nothing is more important to us than proper process.
    • auDA members therefore have a right to be regularly informed about the decisions and workings of their Board of Directors, and the CEO and Senior Management.
    • Comprehensive and timely Minutes should be published on the auDA website.
    • Interactive communication is a necessity. This includes a website where members can post questions to management and the Board.
    • Forensic reports about past events need to be released in full (and dealt with if necessary). The blame games and innuendo need to stop.
    Proper And Effective Growth
    • We believe that there is great opportunity for all sides of the internet community in Australia to prosper.
    • There needs to be far less red tape for registrants, registrars and resellers. This process is now underway with the recently formed Policy Review Panel, and we look forward to helping enable sensible recommendations if we are elected.
    • Wholesale costs need to be examined, as it seems to us that there also needs to be a fairer distribution of “the pie”.
    • Memberships should be encouraged. Every registrant of a domain name should automatically be entitled to be a free member of auDA (opt-in our opt-out model). This will increase membership numbers, and create a better internet community. Canada does this successfully in their internet space. – “Applying for membership is easy, free and open to any .CA holder.”
    • We’d like to see no more “them and us” mentality (as in Supply and Demand members). Having two types of memberships creates a divide. Let’s work together for the good of the domain space instead of against each other. We need to focus on pushing the space forward, not on acting against whatever the “other side” wants.
    Designed by grumpy.com.au | Powered by Members"
     
    Last edited: Feb 22, 2018
  6. snoopy

    snoopy Membership: VIP

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    I think it is important to keep the content 100% factual otherwise it may work against us.
     
  7. DomainNames

    DomainNames Membership: Community

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    Just because it is early does not make it wrong...
     
  8. snoopy

    snoopy Membership: VIP

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    The thread content does not back up the claim of the title, that suggests to me that it isn't a factual title. We have to be careful with this because if a journalist (or casual reader) sees a whole lot of stuff like this they might just assume everything is made up or wrong.
     
    Cheyne and DomainShield like this.
  9. DomainNames

    DomainNames Membership: Community

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    I would not worry about the journo's they have their ways to fact check.. You may find one of them was told something also this week to back this up....at the highest levels and not at auDA....it has been hinted for a long time by auDA and members of the Board "The Government may this over..... we don't want that.. what about members etc" . I am sure I am not the only one who has been told this.

    I think by now actually auDA at their higher levels knows what is coming and what has been proposed.... it is members and the public not being told.....

    They are only delaying the inevitable release of this info....Scrambling to hold the power and $$$.

    Don't doubt fort a minute my contacts are very well informed.

    I am sure some people and org's will do whatever it takes to try and stop it. ... but seemingly they are not doing the right thing but digging themselves deeper.

    FYI auDA seems pretty busy removing website content about the reasons against .au etc.It certainly looks bad they are doing this.

    Luckily enough a lot of people are very good at finding that material, the hard evidence and facts and keeping it ready if needed.
     
    Last edited: Feb 22, 2018
  10. findtim

    findtim Membership: VIP

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    auDA Member:
    Yes
    lets keep to the point,
    yes, it does make it wrong, its a thought crime, everyone would hate to be judged on something that has yet to occur.

    you have absolutely no reason to say thats a done deal, my point again simply is potentially misleading statements aren't the way to get a message across, if you added " i think...." to the start of the title it would be a completely different context.

    whilst i accept you can't change the title now you could at least acknowledge domainsheild,snoopy and i's views, i mean you have 3 respected people saying " opps naughty"

    tim
     
  11. DomainNames

    DomainNames Membership: Community

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    Actually Tim you may not know the facts on this... If you DO know the facts maybe slow down on shooting the messenger.

    Snoopy may have posted early. I've spoken to him now..

    FYI some media where also told this by someone at high levels of Government this week! Think about that for a moment.

    Please spend your time now representing demand class members and asking auDA and Board the same questions Ned and Nicole asked before on their Grumpy.com.au platform ( now deleted but screen shot attached from Grumpy "Our Platform").

    auDA processes, accountability and transparency needs to vastly improve. Less cover up and less deleting materials, less muting of people, less SPIN and more facts they can back up with real surveys, real information which is not tainted to give an outcome some people want!

    This is not a game. This is the whole .au name space which is being very badly managed. Mismanagement has and is causing damage.
     
    Last edited: Feb 22, 2018
  12. DomainNames

    DomainNames Membership: Community

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    https://web.archive.org/web/20000817053751/http://www.auda.org.au:80/correspondence-noie1.html[​IMG]


    Homepage



    Letter from NOIE to auDA

    The National Office for the Information Economy Department of Communication, Information Technology and the Arts

    Mr Michael Malone
    Chair, auDA,
    c/- iiNet
    Level 9, 250 St Georges Tce
    Perth WA 6000
    June 1999

    Dear Mr Malone,

    Congratulations on your election to the auDA interim Board and
    appointment as Chairman.

    As you are aware, the National Office for the Information Economy
    (NOIE) has been acting as the lead agency within Government on
    the issue of developing a new system for the administration of
    the .au domain. I am writing to you in that capacity, following
    discussions with a range of other interested agencies within the
    Federal government (?the agencies?).

    The Government's overall objective in relation to the management
    of the .au domain is to ensure that there are appropriate, stable
    and sustainable arrangements for the management of the .au
    domain, which the Government sees as an increasingly important
    element of Australia's communications infrastructure. The
    Government has a strong preference for industry self-regulation,
    as long as we can have confidence that this will meet the overall
    objective.


    These considerations underpinned the key criteria which NOIE
    initially indicated to the .au Working Group would need to be
    satisfied in order for Government to have confidence that an
    industry self regulatory process would be capable of being made
    to work. Those criteria were that any scheme would need to be:

    · open
    · transparent
    · scaleable
    · stable
    · responsive and accountable to the internet community (including
    the various elements of both the supply and demand sides), and
    · self-funding.


    The agencies consider that the formation of auDA has the
    potential to meet these requirements, although further work needs
    to be done. The election of the interim board has been an
    important first step, and we look forward to working with the
    board in order to bring about a situation whereby government can
    be confident that all of the objectives will be met in practice.
    The remainder of this letter sets out the key areas where the
    agencies consider that further work needs to be done.

    First, as you are aware, the .au Working Group consciously
    decided not to make any decisions about the structural funding
    arrangements for auDA, on the basis that this was appropriately a
    matter for the incoming board. This is a critical issue both for
    the longer-term sustainability of the company and the process,
    and for the acceptance by stakeholders across the whole Internet
    community that the process is transparent and fair.

    Second, there remains an issue about the accountability
    criterion. NOIE has received representations from a number of
    important stakeholders within the internet community expressing
    concern about the degree to which the current board is in fact
    able, or willing, to take account of the views and legitimate
    interests of those stakeholders. It is important that the board
    move quickly to address these concerns, and establish operational
    guidelines and/or other mechanisms that will give all parties
    confidence that the process can be made to work in practice.


    Further, on this issue, the agencies consider that the interim
    board should move quickly to work out arrangements which will be
    workable in the longer term for those second level domains for
    which there is a well defined, non-commercial community of
    interest inherent in the domain. The main domains which we see
    as falling into this category are .gov.au, .edu.au, and
    .csiro.au. We believe that working through these arrangements
    will be of assistance both in itself, and in promoting confidence
    within the wider Internet community.

    Third, the board needs to make significant progress in providing
    guidance as to how it sees auDA addressing the issues concerned
    with the ensuring the operational stability of the DNS in

    Australia and promoting the utility, value and good reputation of
    the .au domain space.

    Given that there may be several different ways of satisfying
    Government requirements listed above, I believe it would be
    useful to discuss these matters, and to identify options with a
    view to establishing an agreed process for moving these matters
    forward.

    Our sense is that the internet community agrees that the
    development of an appropriate new system for the administration
    of the .au domain space is now well over due. I therefore seek
    your cooperation in progressing this matter in a timely manner.
    I look forward to establishing a productive working relationship
    with you in this matter.

    NOIE's contact officer in this matter is Dr Erica Roberts. She
    can be contacted on 02 62711607 or by e-mail at
    erica.roberts@noie.gov.au

    As a separate matter, staff of the Australian Competition and
    Consumer Commission have indicated that auDA, as a collective
    organisation with potential competitors as members, may
    constitute an arrangement that substantially lessens competition
    in a market and therefore raises concerns under the Trade
    Practices Act 1974.
    Consequently, it may be wise for the interim
    auDA board to seek authorisation of auDA?s constitution under the
    Act. Commission staff have suggested that it would be
    appropriate for the auDA interim board to consider the Trade
    Practices Act compliance of auDA and then contact the Commission
    to discuss this matter. The contact officer from the Commission
    is Mr Ken Walliss, who can be contacted on (02) 6243 1114, or
    krw@accc.gov.au. I would urge you to take up this offer.

    Yours sincerely
    Chris Cheah
    General Manager
    Regulatory Framework and Bandwidth

    Copyright 1999 au Domain Administration (ACN 079 009 340) comments@auda.org.au
    Please forward website comments to Kim Davies."​
     
  13. findtim

    findtim Membership: VIP

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    auDA Member:
    Yes
    you make it sound like i don't !
    this is what i am saying, " some media" ? who? , "told someone"? who? , its to scratchy and you may be correct but right now you are not.

    tim
     
  14. DomainNames

    DomainNames Membership: Community

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    No use debating it further. People have been told.

    Just like auDA on other issues they didn't give any date for implementation of their proposed competing .au extension. ....

    Think about it....

    Have you heard about this at Board meetings? Is it on any public or internal auDA minutes? Surely it must have been discussed by now...? Are you saying you have heard nothing at all ever before or now you are on the Board?

    Why do you think the Government review is about if auDA is fit to manage the .au name space and why they did not bother to go into every policy issue etc. They have had enough.... but yes of course we can all expect people to try and keep the $$ coming in and try to stop it.

    auDA is a "cash cow". It is a monopoly left to choose their own pricing and own compulsory fees every .au owner consumer has had to pay etc.

    Some people have done very well out of the way auDA has managed things, the membership model, election model, replacement of directors model etc etc. That would be ok except reading the June 1999 letter opens a whole can of worms..What improved since 1999? Not much.
     
    Last edited: Feb 22, 2018
  15. DomainShield

    DomainShield Membership: Community

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    From what I recall of the panel discussion your last statement is not accurate.
    I recall them saying
    1) The April 2016 date is only relevant to contested domains.
    2) CORs after April 2016 still retain their origional create date and they are not against using the create date to put them into the contested pool.
    3) Unique registrations after the date still get rights.
    4) Contested domains where both registrations happened after the date had not yet been considered.

    Even so the date is a only discussion point, we have an opportunity to propose a more suitable date, nothing is set in stone. Also no one is taking away any domains purchase from me both before or after the theoretical date in a proposal at the first step in a long process before anything becomes a reality.

    auDA has not released the transcripts of panel discussions before, so why would they suddenly be expected to start now. We will get a full copy of the panel recommendations when they make them to the board and any public requests for submissions that they make. At the start of the meeting they told us it was recorded and would be used by the panel to ensure they consider all of our input, they never promised (or warned us) that it would be made public.
     
    Cheyne likes this.
  16. DomainNames

    DomainNames Membership: Community

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    It is obvious they want to hide something by not releasing the auDA PRP Public meeting Audio and their Public presentations and suggestions.

    Did auDA let everyone know who attended that auDA had these Public meetings all recorded?

    Did they need to get any permission in any of the locations or make any disclosures?

    auDA may also have an obligation to provide those recordings to anyone who attended these auDA Public meetings since they may also have been recorded.

    Maybe some attendees did not know they where being recorded by auDA in these public meetings?

    https://www.auda.org.au/about-auda/our-org/constitution/
    3.2 Activities
    Without reducing the effect of clause 4, auDA will see to achieve its principal purposes as set out in clause 3.1 through:
    a. ensuring the continued operational stability of the domain name system in Australia;
    b. establishing mechanisms to ensure it is responsive and accountable to the supply and demand sides of the Australian Internet Community;
    c. the promotion of competition in the provision of domain name services;
    d. the promotion of fair trading;
    e. the promotion of consumer protection;
    f. adopting open and transparent procedures which are inclusive of all parties having an interest in use of the domain name system in Australia;
    g. ensuring its operations produce timely outputs which are relevant to the needs of the Australian Internet Community.

    (Amended by Special Resolution, 14 August 2006)​
     
    Last edited: Feb 22, 2018
  17. DomainNames

    DomainNames Membership: Community

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    Let's see if the Commonwealth does anything.

    It is well known auDA has been campaigning all sides of Government over recent weeks to stay in their jobs etc.

    Did they provide the PPB Advisory report to all sides of government? How about auDA releases it so members can read it?

    What has improved since the last Grumpy campaign? Read attached again!
     
  18. DomainNames

    DomainNames Membership: Community

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    Anthony what you have recalled from the PRP meeting is not accurate to what was stated. Are you stating this with knowledge it was not accurate?

    To clear it up auDA should release the PRP audio. What are they hiding?

    They know they will be in a lot of $$it if they release it.. that is why it has most probably not been released!

    If you attended the Sydney meeting you also would have additional clarification what was said and what the PRP "recommended".
     
  19. DomainNames

    DomainNames Membership: Community

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    19 years later and what has really improved from the serious concerns raised by Government and the ACCC in this June 1999 letter?
     
  20. Jimboot

    Jimboot Membership: Community

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    I strongly disagree with the sentiment. I do not want Govt to take it over. This is a "self" regulated org. Giving control to Gov gives them the ability to switch off websites. Let's self regulate. Let's use this as an opportunity to GROW auDA not dismantle it. From my perspective auDA had been working well until the current admin took over. That's why I'm here. After auDA was formed it was awesome, we could get on with business. There have been some annoyances along the way but .com.au is something we could trust. auDA did that. They were too insular though. It felt like a club of sysadmins from the outside but they got things done. Like many here I remember when it used to take 6 months to get a domain registered. Let's not hand this off to Govt. Let's fix this and be proud of OUR namespace. We need to grow the membership not dismantle it. EDIT: No offence meant to sysadmins :)