Aussie govt probes .au amid member revolt

The Australian government has announced a review of local ccTLD .au, to see whether its current oversight by auDA is “fit for purpose”.
The review was announced last week, not too many weeks after a member revolt resulted in the ouster of auDA’s chairman and a number of significant policy U-turns.
The Department of Communications and the Arts said it will “examine the most appropriate framework for the domain” and “identify risk and mitigation strategies for the security and stability of the .au domain.”
The government already has reserve powers over .au under previous legislation.
So far, the exact details of what is to be reviewed are vague.
auDA has faced criticism recently over its increasingly secretive management style — something already being addressed — as well as its decision to open .au up to registrations at the second level.
The membership-based organization has also suffered serious staff churn and the departure of several board members.
auDA said in a statement that it welcomed the review, with interim chair Erhan Karabardak quoted as saying: “It is critical that we have the best possible model for managing the domain, and that our risk and mitigation strategies are among the best in the world.”
The Department said that it expects to “shortly” publish a discussion paper and for the review to conclude early next year.

Who should have rights to direct .au names?

Australian ccTLD registry auDA wants to know what you think about its plans to open up .au to direct second-level domain registrations.
It’s no longer a question of if the change should happen, but how it should be implemented.
A public consultation launched yesterday poses a series of questions about issues such as grandfathering, trademark rights and banning certain strings from registration.
It’s already been decided that existing third-level .au registrants should get first dibs on the matching second-level, but auDA has yet to decide what the eligibility cut-off date should be and for how long the names should be reserved before being released for registration by others.
The cut-off date is important because auDA has already seen some data suggesting possible domain investor gaming.
There were 193,645 strings that were registered as third-level domains in two zones at April 18, 2016, when the direct registration policy was announced, but that had risen to 255,909 as of September 1 this year.
That could be indicative of speculators obtaining low-value domains in .net.au or .org.au in the hope of beating the matching .com.au registrant to the possibly more valuable direct second-level .au domain.
If the April 2016 date is used, up to 14% of .au registrations will be subject to competing claims. The data shows that 90% of the conflicts are between .net.au and .com.au domains.
auDA has declined to draw any conclusions about gaming, however, saying that many of the conflicts could be defensive registrations made by the same registrant.
Where there are conflicts, a number of solutions have been posed. Among them: the longest continuous registration, priority for .com.au registrants, auction or lottery.
The consultation paper spends little time discussing the rights of trademark owners, something submissions from the IP lobby will no doubt seek to rectify.
Many of the questions auDA is posing are similar to those posed by the likes of .uk’s Nominet in previous ccTLD consultations.
There’s an additional wrinkle in the .au system as many state government and educational entities are required to register fourth-level names. So auDA wants to know what kind of rights these guys should have too.
The consultation is open until November 10 and all the relevant information can be found here.

Nine registries fighting for .au contract

Nine domain name companies are battling it out for the right to run Australia’s .au ccTLD.
That’s according to auDA, the .au registry, providing an update on the latest stage of its “registry transformation” project today.
A decision on which company to select could be made as soon as a month from now, though the process does seem to be running a week behind schedule due to contenders asking for more time to write their tenders.
One company that will certainly have applied for the job is incumbent Neustar, which has been running .au for the last 15 years (through its relatively AusRegistry acquisition).
Having earlier indicated that it was looking for somebody to build an in-house registry, auDA later clarified (or U-turned) that it wanted to stick with an outsourced back-end provider.
The apparent decision to bring the service in-house came in for some criticism from some auDA members, which waned when it emerged outsourcing was the only solution on the table.
There are about 3.1 million .au domains today, and the back-end gets roughly $5 a year (USD) per name.

Another auDA director quit in secret

Australian ccTLD registry auDA, in the midst of a transparency controversy, reportedly lost another of its directors last month.
According to a report in Australia’s Financial Review newspaper, Leonie Walsh stepped down August 14.
The paper cited Australian Securities and Investments Commission documents as its source.
Embattled auDA did not disclose her departure at the time, despite the fact that it did disclose that fellow director Michaella Richards had also quit the same week.
Richards had been accused by some auDA members, noting her previous professional relationship with CEO Cameron Boardman, of lacking experience in the domain industry.
No reason for Walsh’s departure has been given.
The two directors left just a couple of weeks after chairman Stuart Benjamin, who was facing a member vote of no-confidence he did not think he could win, quit.
auDA has come under criticism from members, such as those organized at Grumpy.com.au, for several policy shifts that seemed to make the organization more secretive and less responsive to members’ interests.
The organization has since done U-turns on most of controversial policies.

Another auDA director quits after conflict claims

Australian ccTLD manager auDA has lost its second director in two week with the resignation of Michaella Richards, announced today.
Richards’ position had been subject to criticism by disgruntled auDA members.
It had been speculated that her appointment to the board last December was less due to her experience in the domain industry, reportedly lacking, than due to her friendship with CEO Cameron Boardman.
The two had worked together in the Victorian state government, as DomainPulse uncovered.
Richards had been appointed a “demand class” director, meaning it was her role to represent domain buyers, rather than registrars, on the board. But critics doubted her credentials in this regard.
No reason was given for her resignation today. auDA simply said:

The auDA Board is seeking nominations, including from its demand class membership, for the Demand Class Director casual vacancy resulting from the resignation of Dr Michaella Richards.

Richards follows chairman Stuart Benjamin, who resigned at the end of July just a few days members were due to vote on an motion to oust him.
auDA has in recent weeks reversed its positions on a number of controversial policies after member outcries.

Grumpy campaign claims victory after auDA U-turns

Australian ccTLD administrator auDA has scrapped two unpopular policies following the ouster of its chairman last week, allowing campaigning domainers to claim victory.
auDA said it has done away with its member code of conduct and has reinstated its policy of publishing its board meetings’ minutes.
These were two of the key demands of Grumpy.com.au, a member-driven campaign orchestrated by domainer-blogger Ned O’Meara.
Grumpy had called for the unilaterally imposed code of conduct to be replaced by one created in consultation with members, and that’s what auDA is now promising.
auDA said:

A membership consultation process on a new Code of Conduct will be held, and a revised Code will be submitted to the 2017 AGM. A Code of Conduct for Board members will be developed as part of the next phase of governance work and members will have the opportunity to provide input prior to any final decisions.

The code banned members, under pain of losing their memberships, from harassing or abusing staff. But it also banned them from bad-mouthing the registry in public or via the media — effectively gagging criticism.
auDA also said it will reinstate the practice of publishing minutes. It had recently agreed to restore previously published minutes, but it appears than meetings in future will also be publicly minuted.
Reversing these two policies were two of four demands the Grumpy campaign had made.
Another, calling for the head of chairman Stuart Benjamin, was rendered moot when Benjamin, apparently fearing that he could not win a simply majority of votes, quit just a few days before a member vote was due to take place.
The fourth, which called for auDA to scrap its plan to build and operate an in-house registry infrastructure, also appears to be moot. The company now seems to be talking about outsourcing to a third-party back-end provider.
auDA had refused, citing legal reasons, to include anything but the vote of confidence in the chair on its agenda for last week’s special members meeting.
O’Meara, in a blog post Friday, welcomed the U-turns. He wrote:

Before a group of members ever took this massive step of calling a special meeting, we pleaded with auDA to sort these issues out. We were ignored; then rebuffed.
…
And here we are today – with every single resolution now resolved (hopefully) in the members favour.
That’s what you call a strategy that backfired spectacularly on auDA.

auDA also said that it has commenced the process of seeking out a new independent director/chair.

auDA chair quits days before vote to fire him

The chair of .au registry auDA has quit the job just three days before members were due to vote on a motion to fire him.
Stuart Benjamin, who took on the role in late 2015, faced a special member meeting on Monday that had just one resolution on its agenda:

That Stuart Benjamin be removed as a director of the Company with immediate effect.

Benjamin said today: “I have reached the view that there is no possible positive outcome for the organisation from the vote planned for Monday.”
That could mean he anticipated losing the vote, but it could also mean that he viewed a narrow victory as just as bad an outcome, optically, for auDA.
The confidence vote had been on the agenda due to a campaign at Grumpy.com.au organized by domainer/blogger Ned O’Meara.
Grumpy’s supporters reckon auDA has gone to the dogs over the last couple of years, with staff quitting or being fired en masse and an unwelcome culture of secrecy being imposed.
But Benjamin wrote:

As Chair I have overseen an increase in policy generation, in effective oversight, and in good governance.
We have also commissioned some of the largest member consultation projects in auDA’s history.
However, the auDA Board and members need to forge a different way of working together and I think there is a better chance for that to happen if I step away.

One bone of contention had been a new “code of conduct” that allowed auDA to revoke membership from any member who harassed or bullied staff.
Grumpy had opposed this measure because the code also included a gag order barring members from criticizing auDA in the media.
Benjamin took the opportunity to address this in his resignation announcement today, saying:

Everyone at auDA is open to robust criticism on strategy, policy and decision-making – that interaction makes us stronger. When that healthy engagement devolves into personal attacks on board members, the capacity of the organisation to attract and retain good people is affected.
I will continue to take a stand against cyber bullying and will not be deterred in standing up to anyone who thinks it is acceptable to personally attack staff and directors. I do not want my experiences to discourage others from running for election, or accepting an appointment, to this important organisation.

Another fractious issue, auDA’s decision to build a new in-house registry infrastructure, appears to have softened this week also.
The special general meeting is to proceed as planned on Monday. The only other items on the agenda are a CEO’s report and “any other business”.
Benjamin’s resignation letter to the .au community can be read here.

auDA now looking to outsource .au registry

Australian ccTLD overseer auDA appears to have softened its approach to overhauling the management of .au.
The organization said today that it’s now planning to look for an “outsourced registry operation” that will come online in July 2018.
In recent months, the company had been looking for suppliers to help it build a dedicated, in-house, .au infrastructure, in addition to keeping its outsourcing options open.
Today, auDA said that its recent request for expressions of interest had concluded. It said:

The [Registry Transformation Project] team have been very pleased with the strength of responses received and recommended to the auDA Board that auDA should proceed to the next stage of the project. The auDA Board subsequently resolved to undertake a formal Request for Tender (RFT) process. The RFT will be restricted to the respondents of the REOI with a scope to deliver an outsourced registry operation, based on auDA’s updated specifications, by July 2018.

It looks like any registry providers that did not get their foot in the door with the REOI are now permanently shut out of the process.
Additionally, it appears as though auDA has settled on an outsourced, rather than in-house, solution. Given the fact that the majority of the industry is based on service-based registry solutions, that had always seemed like a strong possibility.
auDA now plans to post a draft technical spec for comment August 14 and a formal request for tenders August 28, with a view to picking a winner in October/November for a July 2018 launch.
The company currently uses Neustar as its back-end due to Neustar’s 2015 acquisition of 15-year incumbent AusRegistry.
The names of the companies responding to the REOI, and their number, have not been disclosed.
auDA is currently facing a member revolt, partly but by no means exclusively over its decision to build an in-house registry. The company’s chair finds out whether members want him fired or not on Monday.

auDA explains secretive new regime in bid to save chair

auDA has explained why it has refused to put controversial new policies to a vote, as it recommended that members vote to save the job of chairman Stuart Benjamin.
In a letter to members published this week, the .au ccTLD administrator said it was not legally obliged to allow members to vote on its directors’ decisions to stop publishing their meeting minutes and to gag members from bad-mouthing auDA in the press.
As we reported earlier in the week, a group of domainers and others had signed a petition calling for four resolutions to be put to a vote of auDA’s members (largely domainers and registrars), but auDA only accepted one of them.
That resolution was to fire Benjamin. Members will vote July 31.
The new letter (pdf) seeks to explain why the other three resolutions were rejected.
The campaigners, organized by domainer/blogger Ned O’Meara at Grumpy.com.au, had demanded that auDA reverse its new policy of not publishing the minutes of its board meetings.
In response, auDA stated that it is under no legal obligation under Aussie corporation law or its own constitution to publish minutes and therefore under no obligation to put this policy to a member vote.
It did, however, agree to reinstate previously published and deleted minutes of meetings up to February 2017.
The Grumpy gang also wanted auDA to put is new member code of conduct, apparently unilaterally imposed by its board this May, to a member vote.
The code of conduct contains some innocuous policies about having a zero tolerance for members who abuse and harass auDA staff, but it also prevents members from saying bad things about the organization in public.
Members must agree:

In any forum, including in the media, where acting as an auDA member or identifiable as an auDA member, I will conduct myself in a manner that will not bring the organisation, Directors or staff, into disrepute.

This basically would prevent any member from criticizing auDA when talking to a journalist, under pain of having their membership suspended or revoked. Clearly uncool.
In auDA’s new letter, CEO Cameron Boardman explains that the ability of the board to suspend memberships has been removed from the policy, in response to feedback. Memberships can still be revoked by the board, however.
This U-turn appears to be a legal technicality designed to ensure that the policy does not change the organization’s constitution — which allows the board to revoke but not suspend memberships — and therefore does not need to be put to a member vote.
Finally, the Grumpy coalition had asked for auDa’s decision to create its own in-house registry — and to stop outsourcing its back-end to Neustar — to be put to a vote.
Boardman’s letter says that this decision was “a matter of management exclusively vested in the directors” and therefore legally not something it has to put out for member approval.
O’Meara and company were given the chance to recant on their fourth resolution — that Benjamin be fired — and apparently had indicated initially that they wished to do so.
However, they were so appalled by Boardman’s letter than they decided to go ahead with it anyway.
auDA’s recommendation that Benjamin keeps his job can be read in full here.

Domainers want the head of auDA’s chair

Disgruntled domainers have managed to arrange for a vote on whether auDA chair Stuart Benjamin should be fired.
auDA, the .au ccTLD administrator, has been under fire for many months from registrants who believe the organization is being managed in an increasingly erratic and secretive manner.
Now, a campaign and petition at Grumpy.com.au, run by Domainer.com.au publisher Ned O’Meara, has led to auDA calling a special meeting July 31 with a single resolution on the agenda:

That Stuart Benjamin be removed as a director of the Company with immediate effect.

Benjamin will therefore lose his job with simple majority votes of both classes of auDA members — “supply” class, meaning registrars, and “demand” class, meaning registrants.
O’Meara blogged yesterday that he believes there is “a slightly less than even chance” of the resolution being carried due to the possible lack of votes from supply class members.
But auDA rejected as legally “invalid” three additional resolutions that had been proposed.
Grumpy members had also wanted auDA to restore all of its board’s meeting minutes that were inexplicably deleted from the organization’s web site.
They’d wanted a recently instituted member code of conduct to be scrapped, rewritten, and then put to members for a vote.
The code of conduct bans “harassment” and “bullying” of auDA staff, but it also prevents members from talking to the media about auDA in disparaging terms.
Finally, they’d also wanted auDA to abandon its plan to build an in-house registry infrastructure (replacing current provider Neustar) without first putting the plan to a member vote.
But all of these resolutions have been taken off the table on the basis of unspecified “legal advice” provided to auDA.
According to O’Meara and others, dissatisfaction with the organization has been brewing for some time, ever since late 2015 when Benjamin was brought in as a “demand” class director and appointed chair, only to be quickly dismissed and immediately reinstated as an “independent” director and reappointed chair.
In March 2016, 16-year CEO Chris Disspain was fired and replaced by Cameron Boardman.
I’m told auDa has been hemorrhaging staff for months — 10 of its 13 employees have apparently left the organization this year.