auDA recently released this article on their website entitled; The complaints process under the new licensing rules, which come into effect on the 12th April, 2021.
The short and sweet of the new Domain Complaint process goes as follows:
- You can’t lodge a complaint to auDA anymore. You must lodge a domain complaint directly to the Registrar. (Unless the complaint is about a Registrar. In this case, Domainer believes you will still complain to auDA in this regard).
- The Registrar has 30 days to resolve the complaint, and they must inform you of the decision.
- If you are unhappy with the decision, you can then request auDA to perform a review of the Registrar decision, and auDA has 28 days to perform the review.
- If you’re still not happy, you can ask auDA for an internal review.
- If you’re still not happy with auDA’s internal review, you can then request an External review. However, Domainer is lead to believe the cost to initiate an External review is set to dramatically increase.
This is all fine and dandy, but…
Let’s use an example domain name complaint here.
Let’s say someone complains against a domain name I own, let’s say it’s my Default.com.au domain name (how bloody generic is that?!)
Is this how the potential conversation with the Registrar could go?
Registrar: Hi Rob, we’ve received a domain name complaint from an anonymous complainant who states you’re not allowed to own the domain name Default.com.au(.) Please explain how and why you purchased this domain name.
Robert: Hi Registrar. I purchased it to develop “default business services” software to help Australian businesses get started. It’s taking me a while to develop it though, as I have many other projects I am simultaneously working on. Please dismiss this vexatious complaint from this anonymous wanna-be domain name thief.
Registrar: Um. Okay… I guess that’s okay?
Have auDA given Registrars a list of domain name complaint rules they must abide by?
Is there a domain name complaints matrix being handed out to Registrars by auDA?
If Registrars require any sort of “proof” from domain name owners, that they meet the ownership policy guidelines, what constitutes “proof”?
Are auDA going to pass along their own domain name “proof” matrix? Has there even been one to begin with this whole time? Or have auDA staff been relying on their own personal opinions, as to whether someone can keep their domain name or not?
Many, many questions are currently being raised by the domain name investor community, in regards to how this new complaints-policy-direct-to-the-registrar is going to work…
How are Registrars going to “police” complaints? Are they going to make their own judge-jury-execution decisions, or do they have to rely on an auDA-created complaints matrix?
Story developing . . .