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Important Notice: Invitation Expressions Of Interest auDA and management of the .au domain namespace

Discussion in 'Domain News' started by DomainNames, Dec 16, 2017.

  1. DomainNames

    DomainNames Membership: Community

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    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)

    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."
    4. Proposed additional competing .au extension processes to date
    • 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.
    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

    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

    12. ASIC Concerns
    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."

    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/
     
  2. DomainNames

    DomainNames Membership: Community

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    Thank you to those who have made contact.

    If you have not made contact yet you are invited to.

    Please also note past and present staff, past and present Directors may also make contact and you will most probably be referred to various people who can go over options you have to provide information without fear and in some cases immunity if you qualify.

    In addition to the Australian Commonwealth Government DoCA review of auDA there is now a very high level further investigation underway and it is expected a few more will now also gain steam as the holidays are over.
     
    Last edited: Jan 5, 2018
  3. DomainNames

    DomainNames Membership: Community

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    Thank you all for the contact.

    Let's see what the PRP and then auDA Board does in the new few weeks to change course to avoid the iceberg they could easily have avoided earlier.

    The PRP meetings and their public crazy suggestions have certainly increased the concerns and matter considerably.
     
  4. snoopy

    snoopy Membership: VIP

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    You don't like the lottery idea? How about a game of craps or a little gin rummy to determine who gets what?
     
    Scott7 and DomainNames like this.
  5. DomainNames

    DomainNames Membership: Community

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    Melbourne helped get more info..