Transcript Registrants

SET YOUR SITES ON .AU
INFORMATION SEMINAR
May 2002
Chris Disspain and Jo Lim
.au Domain Administration Ltd (auDA)
Seminar Contents
1. auDA
2. Domain name industry
3. Domain name policy rules
4. Dispute resolution
DNS Hierarchy
root server system
ccTLDs
TLDs
2LDs
3LDs
4LDs
.au
.nz
com.au
net.au
theage.com.au
gTLDs
.uk
gov.au
.org
.net
edu.au
vic.gov.au
mmv.vic.gov.au
.com
ibm.com
rmit.edu.au
.biz
???.biz
.au Domain Administration Ltd
• Delegate for .au and all .au 2LDs
• Industry self-regulatory body
Background
• Robert Elz
• Industry self-regulation
• Government involvement
– Telecommunications Act powers
• ICANN governance
Industry Structure
auDA
Registry
Registrar
Reseller
Registrant
Registrar
Registrar
Reseller
Registrant
Reseller
Registrant
auDA’s Structure
• Non-profit organisation
• Membership-based
– supply, demand, representative assoc
• 13 directors
– 11 elected by members, 2 appointed
• 3 fulltime staff
auDA’s Roles (1)
• Manage .au domain space
• Develop and implement domain name policy
• License 2LD Registry operator(s)
• Accredit and license Registrars
auDA’s Roles (2)
• Implement consumer safeguards
• Run centralised WHOIS service for all 2LDs
• Facilitate .au Dispute Resolution Policy (auDRP)
• Represent .au internationally
– ICANN, ccTLD, APTLD
auDA’s Mission
auDA will:
• Manage .au in the public interest
• Preserve security and integrity of the DNS
• Promote development of competitive industry
• Protect interests of Registrants
Industry Structure
auDA
Registry
Registrar
Reseller
Registrant
Registrar
Registrar
Reseller
Registrant
Reseller
Registrant
Registry Operators
• Licensed by auDA
– appointed by competitive tender
• Operate registry for one or more 2LDs
• Technical functions
–
–
–
–
run nameservers
maintain database of domain names
receive approved registrations from Registrars
operate WHOIS service
AusRegistry Pty Ltd
• Appointed by auDA in December 2001
• 4 year licence to operate registry for 5 2LDs
– asn.au, com.au, id.au, net.au, org.au
• Must meet auDA technical specifications
– acceptance testing commenced 7 May
– auDA to announce “go live” date after sign-off
Industry Structure
auDA
Registry
Registrar
Reseller
Registrant
Registrar
Registrar
Reseller
Registrant
Reseller
Registrant
Registrars
• Accredited and licensed by auDA
• Issue domain name licences to Registrants
– provide customer sales and support
– may appoint Resellers
• Perform policy compliance checks on domain name
applications
• Process data into Registry using technical interface
Registrar Accreditation
• Accredited Registrars must:
– understand DNS and auDA policies
– use technical interface with Registry
• Accreditation Process
– lodge application form
– pay $2,000 application fee
– execute Registrar Agreement
• 10 Provisionally Accredited Registrars
Industry Structure
auDA
Registry
Registrar
Reseller
Registrant
Registrar
Registrar
Reseller
Registrant
Reseller
Registrant
Resellers
• Not accredited or licensed by auDA
– limited regulation via Registrar Agreement
• Operate as agent of Registrar
– no technical interface with Registry
• Sell domain name licences to Registrants
– may provide other related services
Registrants
• Individual or entity that holds a domain name licence
• Obligations include:
– comply with auDA policies
– keep Registrant data up-to-date
– act in good faith
Registrant Rights
• Choice of Registrar or Reseller
• Disclosure of information
– if using Reseller, know identity of Registrar that issues licence
– be made aware of all charges and material terms and conditions
• Transfer between Resellers or Registrars
• Complaints-handling
– internal complaints-handling processes
– referral to auDA
Industry Structure
auDA
Registry
Registrar
Reseller
Registrant
Registrar
Registrar
Reseller
Registrant
Reseller
Registrant
Domain Name Fees (1)
• Registry Operator charges fixed fee to Registrar for each
domain name registration or renewal
• Registrar fees to Registrants may vary depending on
service offerings
• auDA Domain Name Fee - $11.00
– paid by Registry Operator for each registration/renewal
Domain Name Fees (2)
2LD
Registry Fee
GST
(per 2 yr licence)
auDA Domain
Name Fee
(GST inc)
Total Fee to
Registrars
(per 2 yr licence)
com.au* $35.45
$3.55
$11.00
$50.00
net.au*
$35.45
$3.55
$11.00
$50.00
asn.au
$19.09
$1.91
$11.00
$32.00
id.au
$12.73
$1.27
$11.00
$25.00
org.au
$0.00
$0.00
$11.00
$11.00
* subject to future price reduction according to cumulative volume of
registration
Code of Practice
• Key component of industry self-regulation
• Compliance is mandatory for Registrars and their
Resellers
– voluntary compliance by other industry participants
• Code development process
– Interim Code published by auDA
– industry and consumer participation
– consultative process facilitated by auDA
Transfers
• Registrant has right to transfer at any time
• Transfer must be properly authorised
– domain name password
– confirmation by Registrant contact
• Registrant must renew domain name licence on transfer
WHOIS
• WHOIS data
– collected by Registrar from Registrant
– must be kept up-to-date by Registrants
• Privacy legislation
– Registrant name and email address
• Restrictions on access to, and use of, WHOIS data
– no unsolicited communications
– quota on queries
– no bulk access
2LD Structure
• Each 2LD has purpose
–
–
–
–
–
–
–
asn.au for associations
com.au, net.au for commercial purposes
id.au for individuals
org.au for organisations
edu.au for education
gov.au for government
csiro.au for CSIRO
• 2 types of 2LD
– open 2LDs – for general public, managed by auDA
– closed 2LDs – for defined community, managed by relevant body
Domain Name Licences
• No proprietary rights in domain names
– Registrant does not “own” domain name
– holds licence to use
• Licence period is 2 years for all open 2LDs
– renewal dependent on continued eligibility
• No hierarchy of rights
– first come, first served
– all eligibility criteria equally valid
Domain Name Policy
• Policy set by auDA
– closed 2LD policy set by relevant body
• Name Policy Advisory Panel
– 12 month public consultation process
– reps from industry, business, consumers, legal, govt
• Policy compliance
–
–
–
–
checks performed by Registrars
warranty by Registrant
monitored by auDA
independent review – Applications Appeals Process
Rules for All Open 2LDs
• No limit on number of domain names
• Composition of domain names
– letters, numbers, hyphens
• Exact match, abbreviation, acronym of Registrant’s name
• Close and substantial connection to Registrant
• auDA reserved list
– eg. names restricted by statute
Rules for com.au and net.au
• Commercial purposes
• Eligibility criteria
– Aust registered company, registered business name, partnership, sole
trader, Aust registered trade mark, application for trade mark
• Generic names ban removed
– auDA auction process
• Geographic names ban maintained
• Close and substantial connection
– product, service, event, activity, venue, profession
Rules for asn.au and org.au
• Community, non-commercial purposes
• Eligibility criteria
– asn.au – Aust incorp associations, political parties, industry
bodies, sporting/special interest clubs
– org.au – Aust charities, non-profit organisations
• Close and substantial connection
– service, program, event, activity, venue, profession
Rules for id.au
• Individual purposes
• Can register directly at 3LD
• Eligibility criteria
– Aust citizen or resident
• Close and substantial connection
– derived from, or includes, Registrant’s name
New 2LDs
• Call for proposals
– new open or closed 2LDs
– geographic 2LDs
– info.au and conf.au
• New Names Advisory Panel
– reps from industry, business, consumers, legal, govt
• 31 May closing date for proposals/nominations
Dispute Resolution
• Uniform Dispute Resolution Policy (UDRP)
–
–
–
–
administered by ICANN – http://www.icann.org/udrp
deal with cybersquatting in gTLDs
independent arbitrators
over 5,000 decisions since 1999
• auDRP based on UDRP
– some changes for .au policy
– not just trade mark rights
• Other legal action available
– trade mark infringement
– passing off
auDRP Policy
• 3 elements of complaint
– identical or confusingly similar to complainant’s name or trade mark
– Registrant has no legitimate rights or interests
– registered or used in bad faith
• “Bad faith”
–
–
–
–
primary purpose to sell, rent or transfer
prevent owner from using
disrupting activities of owner
attract users to website for commercial gain
• Remedies
– cancellation of Registrant’s licence
– transfer to complainant if eligible
auDRP Process
• Complaint filed with auDA approved provider
– standard $1,500 filing fee
• Streamlined process
– electronic filing
– no hearings
– 14 day turnaround
• Proceedings listed online
• Appeal to court
Contact Details
Chris Disspain, CEO
Jo Lim, CPO
email: [email protected]
web: www.auda.org.au