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 TLDs ccTLDsgTLDs root server system 2LDs com.au.au.nz.uk 3LDs net.augov.auedu.au.org.biz.com.net ibm.com vic.gov.aurmit.edu.autheage.com.au 4LDs mmv.vic.gov.au ???.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 Reseller Registrant Registrar Registrant

auDAs Structure Non-profit organisation Membership-based –supply, demand, representative assoc 13 directors –11 elected by members, 2 appointed 3 fulltime staff

auDAs Roles (1) Manage.au domain space Develop and implement domain name policy License 2LD Registry operator(s) Accredit and license Registrars

auDAs Roles (2) Implement consumer safeguards Run centralised WHOIS service for all 2LDs Facilitate.au Dispute Resolution Policy (auDRP) Represent.au internationally –ICANN, ccTLD, APTLD

auDAs 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 Reseller Registrant Registrar 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 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 Reseller Registrant Registrar 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 Reseller Registrant Registrar 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 Reseller Registrant Registrar 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) 2LDRegistry Fee (per 2 yr licence) GSTauDA 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 $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 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 Registrants 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, Registrants 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 – –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 complainants 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 Registrants 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 web: