From: Peter Bradstock 
Sent: Tuesday, 10 August 2004 12:16 PM
To: Jo Lim
Subject: Re: [announce] auDA Panel reviews domain name policy rules

Dear Ms. Lim,

I write in regards to some of the points raised in your discussion paper, pertaining to allowing 
foreign companies or individuals to register Australian domain names...

Whilst it may be logical, and even desirable for a company such as Sony, with an Australian 
subsidiary, Sony Australia to be able to register Australian domain names, has the committee 
considered the ramifications of the proposed Free Trade Agreement with the US?  I list one example 
below, but there may be others...

Under NAFTA (North American Free Trade Agreement), provision has been made (and I understand this 
may exist in the Australian model also) to allow private companies to take legal action for damages 
against Government entities that seek to regulate or restrict what those companies consider is a 
restriction of their trade.  As I understand it, this has resulted in a US company taking legal 
action, and receiving compensation, for the Canadian government having banned a chemical substance 
(on the grounds of health risks I believe) that the company dealt in.

This raises an important issues pertaining to the Australian domain names issue, namely:

"Cybersquatting" as far as I know, is still legal in the US (I know that the regulations here are 
not perfect, but they do require a little more effort to bypass than none at all, and it might be 
good for AUDA to look more carefully at this.)

A number of US companies have spent vast amounts of money registering names en masse, speculatively.  
I would imagine they would be regarded as cybersquatting under current Australian regulations, yet 
if this provision to overturn or neutralise local laws exists in the FTA we may end up in the 
situation of the majority of available names being 'hijacked' and AUDA effectively sidelined.  A 
quick look at what's happened with Tuvalu and the controversy surrounding the control of its entire 
domain suggests this is a matter that should be considered with some urgency.

Yours Sincerely,

Peter J Bradstock