No domain name registrant likes to lose a domain name because they haven’t followed all the policy rules set down by auDA. Particularly if it is not done on purpose.
Generally, you’ll only stand a chance of losing a domain because some other party has discovered a “technicality” and then makes a complaint to auDA or a registrar.
Or it can happen that auDA does an audit looking for expired ABN’s / ACN’s.
Then there are cases where a registrant may not have developed or monetised a domain, and they get the old “warranty check”. This is not policed by auDA – they only get involved if there is a complaint (usually from a person or entity that doesn’t want to buy the domain name for a fair price). The risk of this happening is that then auDA has a look at your other domains, and this can cause problems for registrants.
Obligations of a Registrant
The onus is on every registrant to make sure they follow policy. Particularly in Australia where current policy is fairly onerous.
But I also think it is up to the regulator to educate and remind registrants of their obligations – not ping them straight away.
It’s a bit like road safety and the police. We’ve all seen the ads and billboards about seatbelts, drink driving; texting etc. If you get caught doing any of the above, then you deserve your punishment.
Suggestion for auDA
With the possible advent of direct registration in the not too distant future, and with allocation being based on legitimate prior rights, I think now is a good time to have a blanket amnesty of say 60 days to allow registrants to have a look at their domains, and correct any possible contravention (no questions asked). If they don’t do so, then no excuse thereafter.
Registrars have to send out expiry reminders to registrants at various intervals, so why not do an amnesty check? After all, there is a $12 million marketing fund established by auDA! 😉
By way of comparison, everyone who has got a dot com name knows that each year they will get an email from their registrar (at the behest of ICANN) asking them to check their domains, and correct any details that are not current or correct. No penalty if you do this.
What do you think?
Ned O’Meara – 23rd September 2019