The auDA Policy Review Panel has released a Consultation Paper containing its likely recommendations on implementation of direct registration, reform of the eligibility requirements and allocation rules, and the prohibition on registration for resale or warehousing.

On implementation of direct registration (i.e. registration of <yourname.au>), the Panel recommends:

• the holder of a domain licence at the third level of .au (e.g. <yourname.com.au>) have priority to register the corresponding domain name at the second level of .au (e.g. <yourname.au>) for a six-month period from the Launch Date
• where there is a priority conflict at the third level (e.g. both <yourname.com.au> and <yourname.net.au> are registered) at the Cut-off Date, the second level domain name be locked from registration unless and until the conflicting registrants agree on who can register it
• the Cut-off Date be 4 February 2018 (the date when the Panel began public consultations on implementation of direct registration)
• certain names – inc. <parliament.au>, <court.au> and <police.au> – be reserved for use as future second level domains

On reform of the eligibility requirements, the Panel recommends:

• the requirement that a registrant has an Australian presence be retained
• where an Australian trade mark application or registration is the sole basis for meeting the Australian presence requirement, the applicant/owner be restricted to registering a domain name that is an exact match to their trade mark
• only trade mark applications or registrations for word marks can satisfy the Australian presence requirement
• where the Australian presence requirement is satisfied solely by an Australia trade mark application or registration, eligibility automatically ceases if the application lapses or the registration is cancelled or removed from the Register

On reform of the allocation rules, the Panel recommends:

• the close and substantial connection rule be retained
• domain monetisation no longer be a basis for satisfying the close and substantial connection rule
• there be a six months grace period from first registration in which to satisfy the close and substantial connection rule

On the application of the prohibition on registration for resale or warehousing, the Panel recommends:

• the prohibition be retained and strengthened
• registrants be prohibited from registering a domain name “primarily” for the purpose of resale or warehousing
• adoption of a list of factors indicating that a domain name has been registered primarily for resale or warehousing, with the onus shifting to the registrant to demonstrate that the registrant did not register the domain name for purpose of resale or warehousing where the majority of these factors are met

The Panel is due to provide its final report to the auDA Board in the first half of 2019.

The regulatory authority for the .au domain space, auDA, has published an Issues Paper seeking stakeholder input on implementation of direct registration.

Background: In late 2015, the auDA Names Policy Panel recommended, by majority, that direct registration (i.e. registration at the 2LD) be permitted in the .au domain space. Despite a strong dissenting report highlighting multiple problems with direct registration, the majority recommendation was adopted by the auDA Board in April 2016. Recently, the auDA Board established a Policy Review Panel to, among other things, recommend a mechanism for implementation of direct registration.

Developments: The Policy Review Panel has now released an Issues Paper canvassing options for a range of matters relating to implementation of direct registration, including: establishing priority registration rights; resolving competing claims; and reserving names. The Issues Paper seeks stakeholder views on the following questions:

Responses to these questions are sought by Friday 10 November 2017.

The Board of the policy authority and industry self-regulatory body for the .au domain space, auDA, has established a Policy Review Panel to advise on what it calls “the most substantial changes to the .au domain name space in 30 years”.

According to the Terms of Reference, the Panel’s role is two-fold:

1. to recommend a mechanism for implementation of direct registration; and
2. to review and reform all existing auDA policies (other than the policies on dispute resolution and on education).

The Panel is chaired by John Swinson, partner King & Wood Mallesons.  Other members of the Panel are:

• Supply class representative: Brett Fenton, Chief Technology Officer, Melbourne IT Group
• Demand class representative: Ned O’Meara, Domainer and Publisher of Domainer.com.au
• Government regulator representative: Paul Zawa, General Manager, Enforcement Operations Victoria, ACCC
• Consumer protection representative: Narelle Clark, Director of Operations – Deputy CEO, ACCAN
• Academic representative: Andrew Christie, Chair of Intellectual Property, Melbourne Law School

The United States Commerce Department has confirmed it will hand over oversight of the internet domain name system root zone and other core internet infrastructure registries to the ICANN no later than 1 October 2016.

Witnesses before the US Senate Committee on Commerce, Science, & Transportation hearing examining the plan for IANA authority were divided on when—and whether—to transition stewardship, reports Mayer Brown.