Neale

As one of the people involved I have executed a Registrar Agreement and 
would be delighted to execute the Provisional Code Of Conduct. However - in 
my view - the code is seriously flawed.

The first sentence of clause 2 reads:
"Registrars and resellers should refrain from registering domain names on 
their own
behalf, or on behalf of any director, officer, employee or agent of such 
registrar or
reseller. "

It is a stand-alone sentence with no qualification - the qualifications in 
the second part of clause 2 are entirely acceptable to me - these are:
"Further, registrars and resellers shall not engage in Frontrunning. For 
purposes
hereof, "Frontrunning" shall mean employing a process designed to anticipate a
consumer's preference for a domain name (via sniffing of WHOIS data or 
other process),
or otherwise obtaining specific information regarding such preference, with 
the intent of
registering such domain name on behalf of the registrar or reseller, or any 
director,
officer, employee or agent of the registrar or reseller, and subsequently 
registering that
domain name on behalf of the above parties"

If I am to abide by the first sentence I shall not be able to register a 
domain on my own behalf... a restriction which is clearly  unintended but 
is nevertheless unambiguous. In honesty I cannot execute an agreement 
knowing that I will break it - at least two companies under my control will 
require additional domains in the coming weeks.

I have taken this up in writing with auDA to try to get sentence 1 removed.

Clause 3 is also flawed - but if I have to I could live with it. Clause 3 
reads:
"3. Disclosure of Registrar Identity
With regard to registrations of domain names initiated at web sites 
operated by resellers,
the identity of the registrar must be explicitly and conspicuously 
disclosed to the
registrant prior to the completion of the registration."

Which means every reseller of .com.au domains must advertise Melbourne IT 
on each of their web pages.

I hope this clarifies why several of us who read the detail have declined 
to accept the provisional code which will in any case be out of date before 
we become fully accredited.

Peter Dean
Chairman - The Instra Group
Director - auDA
Note My views are my own and are not necessarily the views of the 
organisations mentioned above.



At 01:50 PM 3/22/02 +1100, you wrote:
>On Fri, 22 Mar 2002, Chris Disspain wrote:
>
> > Please see the policy clarification at
> >
> >
> >
> > http://www.auda.org.au/docs/para5.3.pdf
>
>Snippage therefrom:
>
>2.3     Therefore, auDA has issued this document to clarify that paragraph
>5.3 requires
>that all Provisionally Accredited Registrars who wish to use the fact of
>their
>Provisional Accreditation in their promotional material, must abide by the
>Interim
>Code of Practice.
>
>Is it intentional that this para does not say "must *AGREE TO* abide
>by..."?
>
>Regards,
>Neale.
>
>
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