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Response to auDA - 955 must g

Discussion in 'Domain News' started by Scott.L, Aug 15, 2018.

  1. Scott.L

    Scott.L Membership: Trader

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    auDA Member:
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    Hello everyone,

    I replied on Monday to auDA's letter posted on their website.

    I continue to maintain that;
    1. Employees are related entities connected with a corporation (Registrar) and, is engaged by the body corporate under a contract for services; or acts as agent for the body in any transaction or dealing. (as per SECT 64B (g) (h) Corporations Act 2001)
    (a) The use of the word ‘Legal Person’ means both, ‘Natural Person’ and ‘Corporation’ maintaining accreditation as a Registry Operator.
    (b) Accreditation qualifies the employee with the right to provision Domain Registration Services as the agent of the Registry Operator, until terminated.
    (c) Employees are qualified in maintaining the accreditation on behalf of the Corporation.​

    auDA Code of Practice –

    • 3.1 The Code applies to all Registrars, their appointed Resellers, and all other parties that are signatories to the Code. (employees)
    • 13.5 A breach of this Code is an Event of Default under the Registrar Agreement and may result in the suspension or termination of the Registrar’s auDA accreditation or the termination of the Registrar Agreement.
    in other words, Any Legal Person that is a Registry Operator - means, the company and its personnel. (they all qualify, conditional)

    I have not received any response from auDA.
     

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    Last edited: Aug 15, 2018
    Bacon Farmer and snoopy like this.
  2. Scott.L

    Scott.L Membership: Trader

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    9.5 Qualification for Demand Class Membership
    Any Legal Person that does not 'qualify' for Supply Class membership may apply to be a Demand Class Member.
    • Registrar employees do not 'Qualify' for Demand Class Membership - (Conditions Apply)
    • Registrar employees only 'Qualify' for Supply Class Membership - (Conditions Apply)
    A Registrar cannot maintain accreditation as a Registrar without Human Beings Qualified to maintain it. The Registrar is a Body Corporate requiring entities connected to the Registrar to maintain itself as a Registrar, until terminated. The employees are not themselves individually accredited, they are qualified (by employer) to ensure accreditation is maintained for the Registrar to exist.

    .
     
  3. Scott.L

    Scott.L Membership: Trader

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    Updated the Flow chart to include Demand Class Membership. (ignore previous versions)
    upload_2018-8-15_21-37-33.png
     
  4. findtim

    findtim Membership: VIP

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    Well thought out scott, easily understood.

    looking ahead, what i see here is the danger in a single member model without classes is a model without strong rules of membership,
    you can take away the words "demand class" and "supply class" but they are essentially still the 2 groups of people.

    1 person 1 vote would be the goal and no networks/stacking , thus it is the relationship to the other members which is the major consideration.

    eg: telstra could take over auda if it so desired.

    tim
     
  5. snoopy

    snoopy Membership: VIP

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    I wonder if there is any real incentive to do that? (given how things have gone so far). Needs greater DOCA oversight and more independence from auDA to achieve.