DomainNames
Top Contributor
Expressions of Interest are invited via PM or to email audaconcerns@protonmail.com to register your details and express your concerns regarding the processes followed by auDA ( and Board) to date and their management of the .au namespace.
You may simply PM or email your phone number or an email address and briefly itemise any of your concerns which would be of assistance to Government body investigations, reviews or potential litigation.
1. Wholesale Registry Contracts, EOI'S, tenders, RFT's and processes.
2. .au Wholesale Pricing.
3. auDA Membership and Board processes. ( membership "stacking", board position processes)
4. Proposed additional competing .au extension processes to date
5. auDA financial management.
6. Any auDA Constitutional breaches you may be aware of.
7. Conflicts of Interest.
8. auDA Foundation.
( The Trustee for the auDA Foundation)
Charity ABN 57462140688
10. Concerns as raised here: https://www.communications.gov.au/have-your-say/review-australias-au-domain-management
11. ACCC concerns
12. ASIC Concerns
13. Do you have a possible new model to take over management of the .au namespace?
14. Any other items you perceive as being of possible concern to Government investigatory bodies or possible for litigation or a Class Action.
_________________________________________________________________________________________________________________________
Important:
No communications will be discussed further in this thread.
In certain circumstances there may be immunity offered by Government and you may be referred to contact relevant people to discuss this directly with them. This immunity may extend to past and present staff, directors, stakeholders supply and demand.
This is a notice to invite contact from parties who have concerns and wish to make themselves known or be referred to Government or other parties.
Your contact and EOI will NOT be provided to auDA or listed on this forum.
Nothing contained in this email is intended to be considered legal advice.
Do not send me any confidential materials.
You may be directed who to contact at Government and they may assist you directly with how to proceed.
Your contact may simply be that you have concerns or you do know information and you want to know who to talk to about it. You most likely be referred to relevant non auDA parties to do this such as Government.
________________
Some auDA Board public minutes https://www.communications.gov.au/file/29296/download?token=yYBjVzcD
auDA Constitution https://www.auda.org.au/about-auda/our-org/constitution/#8
auDA Foundation https://www.audafoundation.org.au/about-us/
You may simply PM or email your phone number or an email address and briefly itemise any of your concerns which would be of assistance to Government body investigations, reviews or potential litigation.
1. Wholesale Registry Contracts, EOI'S, tenders, RFT's and processes.
2. .au Wholesale Pricing.
3. auDA Membership and Board processes. ( membership "stacking", board position processes)
Example:
https://www.auda.org.au/about-auda/our-org/board-meetings/2007/070416/
"9. Constitutional Review
The board discussed a paper drafted by CN outlining possible changes to the auDA Constitution to address three issues:
1. potential supply side capture of demand class
2. supply related person standing as a demand class director
3. related entities holding multiple supply class memberships.
The board affirmed the need to ensure that the Constitution is effective and achieves auDA’s objectives. The board also noted the importance of achieving a fair and reasonable balance between supply and demand, obesrving that there will always be a tendency for demand class to be under-represented.
The board agreed changes to address issues 2 and 3 above, as proposed in paras 4.2, 4.4 and 4.5 of the board paper. It was decided that the change proposed in para 4.3 of the board paper to address issue 1 may not be effective, and further consideration should be given to options for increasing demand class membership and making it more representative.
Motion (proposed JR, seconded Julie H): That the proposed new definition of ‘Supply Related Person’ and proposed amendments to clauses 9.4 and 18.3 be put to members at an EGM. Carried unanimously.
Action: The board to set up a sub-committee to consider demand class membership issues."
https://www.auda.org.au/about-auda/our-org/board-meetings/2007/070416/
"9. Constitutional Review
The board discussed a paper drafted by CN outlining possible changes to the auDA Constitution to address three issues:
1. potential supply side capture of demand class
2. supply related person standing as a demand class director
3. related entities holding multiple supply class memberships.
The board affirmed the need to ensure that the Constitution is effective and achieves auDA’s objectives. The board also noted the importance of achieving a fair and reasonable balance between supply and demand, obesrving that there will always be a tendency for demand class to be under-represented.
The board agreed changes to address issues 2 and 3 above, as proposed in paras 4.2, 4.4 and 4.5 of the board paper. It was decided that the change proposed in para 4.3 of the board paper to address issue 1 may not be effective, and further consideration should be given to options for increasing demand class membership and making it more representative.
Motion (proposed JR, seconded Julie H): That the proposed new definition of ‘Supply Related Person’ and proposed amendments to clauses 9.4 and 18.3 be put to members at an EGM. Carried unanimously.
Action: The board to set up a sub-committee to consider demand class membership issues."
- materials put out by various parties to push and promote. Was it in anyway "false and misleading", did their involvement overstep their role or obligations to auDA or consumers, where existing and potential .au consumers who received "yes" vote solicitations ( or template emails to send to auDA) provided full and accurate information, disclaimers etc.
- possible "conflicts of interest"
- auDA public urging of businesses to invest and register .com.au names. http://www.zdnet.com/article/auda-urges-australian-businesses-to-back-au/
- auDA's refusals to contact all existing .au registrant consumers about the proposed additional competing .au extension, provide them accurate facts, disclosures etc.
- etc.
6. Any auDA Constitutional breaches you may be aware of.
7. Conflicts of Interest.
8. auDA Foundation.
( The Trustee for the auDA Foundation)
Charity ABN 57462140688
9. Questions or concerns about the PPB Investigation and Report
10. Concerns as raised here: https://www.communications.gov.au/have-your-say/review-australias-au-domain-management
11. ACCC concerns
- Concerns you may have as a current or potential .au domain name registrant consumer
- https://www.accc.gov.au/business/treating-customers-fairly/consumers-rights-obligations
- https://www.accc.gov.au/business/anti-competitive-behaviour/cartels
- https://www.accc.gov.au/business/anti-competitive-behaviour/anti-competitive-conduct
- https://www.accc.gov.au/business/anti-competitive-behaviour/imposing-minimum-resale-prices
- https://www.accc.gov.au/business/anti-competitive-behaviour/misuse-of-market-power
- https://www.accc.gov.au/business/anti-competitive-behaviour/unconscionable-conduct
13. Do you have a possible new model to take over management of the .au namespace?
"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."
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."
14. Any other items you perceive as being of possible concern to Government investigatory bodies or possible for litigation or a Class Action.
_________________________________________________________________________________________________________________________
Important:
No communications will be discussed further in this thread.
In certain circumstances there may be immunity offered by Government and you may be referred to contact relevant people to discuss this directly with them. This immunity may extend to past and present staff, directors, stakeholders supply and demand.
This is a notice to invite contact from parties who have concerns and wish to make themselves known or be referred to Government or other parties.
Your contact and EOI will NOT be provided to auDA or listed on this forum.
Nothing contained in this email is intended to be considered legal advice.
Do not send me any confidential materials.
You may be directed who to contact at Government and they may assist you directly with how to proceed.
Your contact may simply be that you have concerns or you do know information and you want to know who to talk to about it. You most likely be referred to relevant non auDA parties to do this such as Government.
________________
Some auDA Board public minutes https://www.communications.gov.au/file/29296/download?token=yYBjVzcD
auDA Constitution https://www.auda.org.au/about-auda/our-org/constitution/#8
auDA Foundation https://www.audafoundation.org.au/about-us/