Mike - this discussion started with an issue of 'uncertainty' because of a two-year renewing cycle for domain names. I take your point about the EFA case. My point is that the domain name space is no different from our established way of registering business names (and no one complains about that system). Read the following - it appears in section 10 of the Victorian Business Names Act 1962: <quote> 10. Power to cancel registration of business names that are undesirable etc. (1) If a business name which could not be registered under this Act without contravention of sub-section (1) of section nine is registered through inadvertence or otherwise, the Director may send by post a notice addressed to the person or persons in relation to whom the name is so registered at the registered address of the business carried on under that name* (a) stating that he proposes to cancel the registration of that name upon the expiration of such period (being a period of not less than twenty-eight days) as is specified in the notice; and (b) setting out his reasons for the proposed cancellation* and upon the expiration of that period the Director may cancel the registration of that name. </quote> Craig Ng >>> "mjr§hydrocorp.com" 20/12/01 9:12:47 am >>> On Thursday, December 20, 2001, at 08:16 AM, craig.ng§maddocks.com.au wrote: > Ron - two points: > > - it is unlikely that any policy change at the regulatory level (which > will > result in the cancellation of an existing domain name) will have > retrospective > effect - to suggest that this is likely to occur is, I believe, > disingenuous. I'm not a lawyer Craig, but I reckon your definition of disingenuous is not well-researched: I refer to, http://www.efa.org.au/Publish/PR990226.html Here's a text copy for those who don't like clicking links. <snip> Electronic Frontiers Australia Inc. Media Release February 26th 1999 COM.AU DOMAIN ARBITRARILY REMOVED Electronic Frontiers Australia today condemned Internet Names Australia (INA), administrator of the com.au domain, for arbitrarily deregistering domain names that comply with INA's published policy. "Domain names are absolutely central to an online presence", said EFA Board member Irene Graham. "Deregistration of domains on the whim of INA creates serious uncertainties for Australian businesses." An Australian business recently registered the domain "fuck.com.au", an abbreviation of the business name "Futurechicks". Three weeks after approving the domain name, INA deregistered the domain on the ground that approval was granted in error and the name is 'unacceptable'. The domain name complies with INA's published policy. "INA obviously seeks to be part of the 'respectable' establishment by suppressing naughty words, albeit retrospectively.", said Graham. "However, INA has demonstrated that it is out of touch with prevailing community standards. The word "fuck" is not illegal in Australia. It is permitted, for example, in films and videos that Australian children may legally view without parental supervision, in accord with classification guidelines established under Australian censorship laws." "INA must comply with its published policy and reinstate the domain", said Graham. "Failure to do so sends a message to all Australian businesses that receipt of approval of a domain name from INA is worthless. At any moment, INA is likely to retract approval." "While INA ignores its own published guidelines, and prevailing community standards, it is quite probable that they will next decide that fk.com.au, currently held by a firm of solicitors, is phonetically unacceptable, or claim that bhp.com.au means something unacceptable in a Central Australian language." "INA's attempts to sanitise the Web are misguided. Web sites with addresses such as anyname.com.au/fuck and email addresses such as fuck§anyname.com.au are trivial to create and outside the control of INA. INA's prohibition of the domain name fuck.com.au is completely ineffective in protecting anyone from coarse language." A South Australian business, Hydrocorp Pty Ltd, has engaged technology lawyers K. Heitman & Co to appeal INA's ruling. "No-one will find this site through search engines without typing the word "fuck" first. It is a word printed in the Macquarie Dictionary, and the domain name drew up to a thousand visitors per day. The site did not contain illegal content, and earned money from advertising." said Hydrocorp's lawyer Kimberley Heitman. This is not the first time INA has tried to impose censorship of Internet addresses. The band TISM was refused the domain name wanker.com.au, and had to buy the domain name wanker.com from America instead. <unsnip> > Mike Russell. --------------------------------------------------------------------------- List policy, unsubscribing and archives => http://www.auda.org.au/list/dns/ Please do not retransmit articles on this list without permission of the author, further information at the above URL. (327 subscribers.) ******************************************************* Craig Ng Maddock Lonie & Chisholm Lawyers Tel: (03) 92880555 International: +61 3 92880555 Fax: (03) 92880666 International: +61 3 92880666 Web: http://www.maddocks.com.au ******************************************************* The information in this electronic mail is privileged and confidential, intended only for use of the individual or entity named. If you are not the intended recipient, any dissemination, copying or use of the information is strictly prohibited. If you have received this transmission in error please delete it immediately from your system and inform us by email on info§maddocks.com.au. *******************************************************Received on Fri Oct 03 2003 - 00:00:00 UTC
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