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is auDA.org.au abusing it's power?

Discussion in 'Domain News' started by DomainNames, May 29, 2018.

  1. DomainNames

    DomainNames Membership: Community

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    New Editor of Domain Name Industry website www.Domainer.com.au raises more auDA.org.au issues for the Australian Commonwealth Government and multi-stakeholders attention.

    QUOTED
    https://www.domainer.com.au/is-auda-abusing-its-power/
    "
    Is auDA Abusing Its Power?

    May 29, 2018 by Rob Kaay Leave a Comment

    [​IMG]Has auDA hijacked Registry.au and WHOIS.au before Direct .AU Registrations even exist?

    auDA (.AU Domain Administration) is the governing body of Australian domain names.

    They are currently under Government review. The Sydney Morning Herald wrote this headline late last year: auDA is “not fit for purpose, government agency finds“.

    auDA created a special committee called the PRP (Policy Review Panel) late last year in an attempt to create Direct .AU Registration implementation rules. This means, they are trying to enable domainname.au to exist, along with the current standard of domainname.com.au(.)

    Due to eratic ideas like “a lottery system” and an “April 2016” cut-off-date, as to who would be allowed to own a Direct .AU matching version of their .com.au domain name, the PRP publicly failed:

    So much so, that one of the initial PRP Panel Members resigned, stating: “I no longer have confidence that the panel can proceed in a manner that is in the best interests of the Australian internet community” – https://www.theluckycountry.com.au/...gnation-from-the-2017-Policy-Review-Panel.pdf

    Now things have gotten worse, if you can believe it.

    auDA seem to have hijacked two Direct .AU domain names before they’re available to the general public. Instead of waiting for the “first come, first served,” and “hierarchy of rights” procedure, as per auDA Policy, auDA’s CEO has determined that auDA is entitled to WHOIS.au and REGISTRY.au before Direct .AU Registrations have been approved and implemented, and against their own policies.

    auDA were appointed their administrative position by the Department Of Communications in the year 1999 and are governed by their constitution.

    In Section 3.1 of auDA’s constitution, it’s notes auDA’s principle purposes are to “be the administrator of … second-level domains”.

    Section E of auDA’s Principal Purposes state auDA should: “manage the operation of critical technical functions including:

    • the primary and secondary .au name servers;
    • zone files for second level domains; and
    • a searchable data base containing information on registrations within the .au ccTLD.”
    Section 3.2a states:

    • “ensure the continued operational stability of the domain name system in Australia”
    I can only assume these are the various sections Cameron Boardman (auDA CEO) will attempt to justify his approval of self-registering and locking out the future use of domain names WHOIS.au and REGISTRY.au for the not-for-profit company?

    If this is the case, it’s clear to see he has made yet another bad and ill-informed decision here.

    Firstly WHOIS.com.au is owned by a private company. Dreamscape Networks. Which is actually owned by Crazy Domains. They also own the trademark WHOIS PTY LTD. How are they going to feel when they find out auDA have pre-emptively locked them out of ever owning their matching WHOIS.AU domain name?

    Registry.com.au is owned by myself, under my Registry Australia Pty Ltd company. How do I feel knowing that after spending ten’s of thousands of dollars in preparation of launching my generic-word Christmas registry, drone registry, gift registry, wedding registry, domain registry and business registry platform, that I now have no chance of owning my exact-match Direct .AU version of my brand?

    I’m sure you can imagine.

    There are also other current owners of Australian domain names who could be entitled to WHOIS.au and REGISTRY.AU(,) including the current owners of Registry.net.au and WHOIS.net.au and Registry.org.au as a few examples.

    It can quite clearly be argued that WHOIS.au and REGISTRY.au do NOT have to be registered to “ensure the continued operational stability of the domain name system in Australia“.

    AusRegistry have been contracted for the past 18 years to maintain the single database that stores every Australian domain name, of which there are currently 3.1 million.

    At no point in the past 18 years have AusRegistry made an attempt to purchase or obtain Registry.com.au or WHOIS.com.au – because IT HAS NOT BEEN NECESSARY TO ENSURE THE CONTINUED OPERATIONAL STABILITY OF THE DOMAIN NAME SYSTEM IN AUSTRALIA.

    The Australian domain name WHOIS service, for the past 18 years has been located at: whois.ausregistry.com.au

    You would think, now that Afilias has been handed the contract to take over the administration of the Australian domain name database, their logical choice would be whois.afilias.com.au and whois.afilias.au(.)

    There are also no other examples where the term “Registry” is being used as “necessary to ensure operational stability” by any other ccTLD in the world.

    • Registry.com – privately owned
    • Registry.ca – privately owned
    • Registry.nz – privately owned
    • Registry.cn – privately owned
    • Registry.co.uk – privately owned
    • Registry.uk – privately owned
    Which brings us to this very important question…

    Why has Cameron Boardman, on behalf of auDA, approved the locked-out pre-emptive use of WHOIS.au and REGISTRY.au for Afilias, a multi-million dollar American corporation FOR FREE, without obeying auDA’s constitution, its policies or by running the decision by the auDA board or the PRP (Policy Review Panel)?

    As mentioned at the start of this article, auDA is under government review for the first time in its 17 year history.

    auDA are currently preparing themselves for a member-requested SGM (special general meeting) to be held on July 27. This is the second SGM requested by members in the past 18 months. An SGM is generally called when members are unhappy with how an organisation is being run. At the last SGM, members were successful in ousting the auDA Chairman. At this coming SGM, members are seeking to oust three auDA board members, including the new Chairman, as well as voting for “no confidence” in Cameron Boardman, auDA’s CEO.

    Many members are disgruntled that auDA have been ignoring members and making decisions without any input or transparency to members.

    Does this not just look like Cameron Boardman is again doing whatever he feels like without going through the appropriate channels?

    You can read all about the previous and historic upcoming SGM by visiting Grumpier.com.au

    For now, Cameron Boardman and auDA should be put on notice to reverse the decision to lock-out and pre-register (technically called, hijacking) WHOIS.au and Registry.au(.)

    This story is still developing.

    Robert Kaay – 29th May 2018"​
     
  2. DomainNames

    DomainNames Membership: Community

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    The Commonwealth Government needs to call for an Expression Of Interest for others to run the .au namespace ASAP.

    No improvements have been made and things have actually gotten even worse.

    When do we get to read how much auDA wasted on their failed auHQ new entity, branding and plans?

    How about their funding of the .tl Timor Leste country namespace using .au funds?

    The 29 Government points show massive problems caused by continued auDA and Board mismanagement.

    https://www.communications.gov.au/have-your-say/review-australias-au-domain-management
     
  3. DomainNames

    DomainNames Membership: Community

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    www.Grumpier.com.au
    Key issues for members include:
    Direct Registration
    Some people are for direct .au domain name registration, and some are against. Then there are the multitudes of registrants that wouldn’t even know it is on the horizon, because auDA hasn’t directly told them of the possibility; and how and why it would work if it was implemented.
    • Why have all .au registrants not been contacted – as promised by auDA CEO Cameron Boardman, over something so important?
    • Where is the business case promised by auDA CEO Cameron Boardman to show the quantitative benefits?
    • The independent Policy Review Panel established by auDA now appears fatally flawed. Any previous auDA administration would have made sure there was proper representation from all stakeholders, but now there are only 4 people and a Chair left to decide on such an important issue. The latest casualty is the departure of the ACCC panel representative.
    • The lack of a peak business body representative on the panel is fatal. As are the personal opinions of one particular member of the panel who seems to be allowed to denigrate people with impugnity. Why does auDA and John Swinson (Chair of the PRP) allow that to happen?
    • Why is a “lottery” being proposed to break a conflict? Particularly when 89% of domain holders have com.au?
    • Proposed changes to existing policies seem to be going backwards. Why?
    • auDA Chair, Chris Leptos AM, has stated there will be “winners and losers”. This vernacular wreaks of a bullish ASX listed company, not a self-regulatory body whose role is to properly manage and administer the critical national infrastructure of the .au domain name space for the benefit of the Australian community. Why should there be losers? Why should auDA be run as an ASX style company?
    Communication and Transparency
    • Since the July 2017 SGM, no lessons have been learnt – auDA continues to exhibit poor communication. There is a lack of transparency about what is actually happening, and board minutes for the latter part of 2017 were only posted recently. That is a 5 month delay.
    • The restructuring proposal of auDA put to Government had no member consultation, including auDA’s own Constitutional Reform Committee (CRC) which was set up and then abandoned.
    • Speaking of the CRC, why has this not been re-constituted? The auDA Constitution is old and tired, and needs to reflect current realities.
    • Elected Directors are effectively muzzled from talking effectively and meaningfully to the Members that voted for them.
    • Is there a “whispering campaign” in place to discredit some past staff and management? There are certainly lots of rumours floating around about PPB forensic reports and possible financial irregularities. If these have any substance, these should be disclosed to Members and the parties concerned. If this doesn’t happen soon, that is totally unfair, as it creates undue stress and reputational damage. What other organisation would carry on like this?
    • What is the extent of the legal fees and settlement agreements that auDA has incurred over the past two years? Members have a right to know.
    Good Governance
    • Why has the auDA board allowed Demand Class members to be under-represented since November 2017? That’s contrary to the auDA Constitution.
    • Staff and Director attrition has continued to be mind boggling since the previous SGM for such a small organisation. For instance, why did Di Parker leave as auDA Corporate Secretary? Why did Simon Johnson suddenly resign as a Director last November?
    • Have friends or previous colleagues of the CEO been appointed to plum positions within the organisation? If so, were these positions first advertised?
    • The long standing Registry Operator is about to be replaced, but what real benefit will flow to registrars or registrants? By some reports, the wholesale price has decreased by around 60%, but registrars apparently are only going to get around a 10% discount. If true, this seems a pittance – what happens to the balance? Many people think this is no more than a cash grab by auDA. Why did they do it this way? Could it be deemed as a “double cash grab” if direct registrations are approved?
    • New independent director Suzanne Ewart has been made chair of the auDA board Security and Risk sub-committee. What relevant experience does she have in this most important discipline?
    • Sandra Hook is the longest serving Independent, but what has she done about any of the above? What relevant domain industry experience does she have?
    • Does all of this indicate a potentially systemic problem for our Membership organisation? This is all happening on their watch.
    • We believe there needs to be some positive and effective change – which is why we are proposing the following resolutions:
    Resolution 1 – Vote of no confidence in Cameron Boardman (CEO)
    Resolution 2 – Removal of Chris Leptos as a Director
    Resolution 3 – Removal of Sandra Hook as a Director
    Resolution 4 – Removal of Suzanne Ewart as a Director
     
  4. DomainNames

    DomainNames Membership: Community

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  5. DomainNames

    DomainNames Membership: Community

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    Robert Kaay has stated Cameron Boardman auDA CEO has told him he personally signed off to give the Registry.au domain name to overseas company Afilias FREE and guess what it is already live!

    http://whois.registry.au

    _______________________


    Lookup address:*
    Control text:
    [​IMG]

    The WHOIS database reflects up-to-the minute registrations.

    • To search by Domain Name, type "example.tld"
    • To search by Contact ID, type "contact C100-LRMS"
    • To search by IP Address, type "nameserver 121.23.2.7"
    • To search by Host or Nameserver name, type "nameserver ns1.example.tld"
    • To search by Registrar, type "registrar RegistrarA"
    For advanced search instructions, please type help

    NOTICE: Access to WHOIS information is provided to assist persons in determining the contents of a domain name registration record in the Afilias registry database. The data in this record is provided by Afilias for informational purposes only, and Afilias does not guarantee its accuracy. This service is intended only for query-based access. You agree that you will use this data only for lawful purposes and that, under no circumstances will you use this data to: (a) allow, enable, or otherwise support the transmission by e-mail, telephone, or facsimile of mass unsolicited, commercial advertising or solicitations to entities other than the data recipient's own existing customers; or (b) enable high volume, automated, electronic processes that send queries or data to the systems of Registry Operator or any ICANN-Accredited Registrar, except as reasonably necessary to register domain names or modify existing registrations. All rights reserved. Afilias reserves the right to modify these terms at any time. By submitting this query, you agree to abide by this policy.​
     
    Last edited: May 29, 2018
  6. DomainNames

    DomainNames Membership: Community

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  7. DomainNames

    DomainNames Membership: Community

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    time to sack them all
     
    Jimboot, Scott.L and Bacon Farmer like this.
  8. DomainNames

    DomainNames Membership: Community

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    https://whois.domaintools.com/whois.au

    domain: whois.au
    status: taken
    nameserver: ns1.auda.org.au
    nameserver: ns2.auda.org.au


    % For more information, please visit http://www.auda.org.au/domains/au-domains/
    Registrar Status taken
    Name Servers NS1.AUDA.ORG.AU (has 2 domains)
    NS2.AUDA.ORG.AU (has 2 domains)

    Tech Contact —
    IP Address 120.29.251.206 is hosted on a dedicated server

    IP Location [​IMG] - Victoria - Melbourne - Ausregistry International Pty Ltd
    ASN [​IMG] AS38796 AUSREGISTRY-AS AusRegistry Pty Ltd, AU (registered Oct 05, 2007)

    https://www.auda.org.au/industry-information/au-domains/
    "
    .au Domains
    About .au Second Level Domains (2LDs)
    Within the .au domain, there are several different second level domains (2LDs). Each serves a specific type of enterprise or purpose and the options are outlined below. When it comes to registering a .au domain name, you can choose the one which best suits your entity type and purpose.

    "Open" 2LDs
    These 2LDs are known as "open" because they are open to the general public, subject to eligibility criteria.

    • asn.au
      For incorporated associations, political parties, trade unions, sporting and special interest clubs.
      For registration information, please contact an auDA accredited registrar.
    • com.au
      For commercial entities, such as companies (with ACN as registered through ASIC), and businesses (registered with state governments).
      For registration information, please contact an auDA accredited registrar.
    • net.au
      For commercial entities, such as companies (with ACN as registered through ASIC), and businesses (registered with state governments).
      For registration information, please contact an auDA accredited registrar.
    • id.au
      For individuals who are Australian citizens or residents.
      For registration information, please contact an auDA accredited registrar.
    • org.au
      For charities and non-profit organisations.
      For registration information, please contact an auDA accredited registrar.
    For full details on open 2LD eligibility criteria, refer to the Domain Name Eligibility and Allocation Policy Rules for the Open 2LDs (2012-04).

    "Closed" 2LDs
    These 2LDs are known as "closed" because they are closed to the general public, and only available to entities within a defined sector.

    Community Geographic Domain Names (CGDNs)
    These domain names are known as "community geographic domain names" or CGDNs because they are reserved for use by community groups, and only Australian geographic (place) names may be registered.

    • act.au
      For community use of geographic names within the Australian Capital Territory. For example, westoncreek.act.au.
    • nsw.au
      For community use of geographic names within New South Wales. For example, bathurst.nsw.au.
    • nt.au
      For community use of geographic names within the Northern Territory. For example, wyndham.nt.au.
    • qld.au
      For community use of geographic names within Queensland. For example, kenilworth.qld.au.
    • sa.au
      For community use of geographic names within South Australia. For example, maslinbeach.sa.au.
    • tas.au
      For community use of geographic names within Tasmania. For example, scottsdale.tas.au.
    • vic.au
      For community use of geographic names within Victoria. For example, ballarat.vic.au.
    • wa.au
      For community use of geographic names within Western Australia. For example, armadale.wa.au.
    CGDNs are facilitated by auDA. For policy and registration information, please visit the CGDN website.
     
  9. Scott.L

    Scott.L Membership: Trader

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    auDA Member:
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    Bloody Hell, I feel bad for Rob. Its wicked, almost looks like a bribe to curry favor with affilias. I would expect Crazy Domains DN8 to be frothing from the mouth over these antics.
     
  10. DomainNames

    DomainNames Membership: Community

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    auDA may want MelbourneIT.au, DomainNames.au, CashCow.au, Drop.au as well for themselves and automatically take them to go live now?
     
  11. Scott.L

    Scott.L Membership: Trader

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    auDA Member:
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    its the activity of taking it and giving it to another party; thats wicked and suspicious.
     
  12. snoopy

    snoopy Membership: VIP

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    Agree, the community is being ignored. It is just decisions from the top even if they do not comply with their own policies (I believe this one doesn't).
     
  13. Scott.L

    Scott.L Membership: Trader

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    auDA Member:
    Yes
    and worse there is no intervention of power to impose order in this chaos. Mickey is out of control with magic.
     
  14. Scott.L

    Scott.L Membership: Trader

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    auDA Member:
    Yes
    Do we have to get a court order from a judge to force management into action?
    Some very good arguments against them could be used from auDA 21.4 & Corp Act 181

    21.4 - Each Director must act in the best interests of auDA as a whole and with due regard to the furtherance of auDA's objectives. One of auDA's Objectives would be to SURVIVE. Therefore, anything or anyone who opposes that view is basically breaking the law. right.
     
    Last edited: May 30, 2018
  15. Scott.L

    Scott.L Membership: Trader

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    auDA Member:
    Yes
    The answer is simple. Mickey and friends are thinking about their futures. why else do they approve the spending of MILLION$ on 3rd party advisory groups and Legal teams whilst providing absolutely nothing for the industry except discourse, chaos, criticism... all of which helps to pay these outsiders, and in exchange for that Mickey and friends receive favors. Mickey is a light unto these groups, billings think billings...we'll take care of ya.
     
    Bacon Farmer and DomainNames like this.
  16. DomainNames

    DomainNames Membership: Community

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    I hear auDA is working on PR spin ( including phone calls to media) about this and may even send out a media release to spin it..
     
  17. helloworld

    helloworld Membership: VIP

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    Why aren't you guys at top level of this nfp?
     
  18. Scott.L

    Scott.L Membership: Trader

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    auDA Member:
    Yes
    You could entertain the idea the management of auDA are doing everything in their power to save auDA and you may be correct. But, what they are failing to do is create the necessary transparency in the market regarding their decision-making process.

    Who made the decision to assign whois.au and registry.au to the new registry operator and how did it get approval? Were the Directors all in agreement, did they even know?

    In the same way, did auDA submit a response to the Dept. Communications by the due date regarding the implementation of the Governments recommendations, if so, why do we as the members of auDA not know its content or context. Why is it kept hidden?

    You see, this is about auDA not creating the necessary transparency [dialogue / narrative] required to maintain their positions as trusted players in the namespace [they might be but no-one can see it] this is why it's again escalating. Decisions are being made behind closed doors and the market [those who should be informed] are left agasp after the fact.

    Transparency doesn't mean, to keep people in the dark.
     
    Jimboot, snoopy, Scott7 and 1 other person like this.
  19. Scott.L

    Scott.L Membership: Trader

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    auDA Member:
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    Interesting to see the previous owner of registry.com.au is a serving auDA Director. Hmmmmmmm...
     
  20. Scott.L

    Scott.L Membership: Trader

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    auDA Member:
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    Jimboot and joshrowe like this.