From: McMeikan, Andrew 
Sent: Friday, 16 March 2001 7:54 PM
To: 'jo.lim@auda.org.au'
Subject: Second Public Consultation -- Comment

After reviewing the report at http://www.auda.org.au/panel/name/papers/publicreport2.html, 
I have the following comments.

"3.1.2 All domain name licences should be subject to a renewal period, to be specified by 
auDA, or by the relevant 2LD administrator subject to ratification by auDA. The domain name 
licence holder should be required to provide evidence of continued eligibility to hold the 
licence at the time of renewal."

I particularly dislike the use of the word "licences", this implies tight government control, 
regulation and revenue generation.  If this is not the intent of auDA policies then the 
wording should be changed to reflect a more free enterprise and expression oriented media.

The repeated references to trade marks seems to convey more weight than they should receive 
in the domain name space, it is possible to have two separate products of the same name so 
long as they are in a different market segment, this is best left to existing laws and any 
impact on domain names should be carefully considered.  In any case of fraud the courts are 
more than well enough equipped to deal with such issues.

Freedoms of expression is an Australian right under article 19 of the International Covenant 
on Civil and Political Rights. See http://law.gov.au/publications/ICCPR3/Welcome.html and 
http://www.austlii.edu.au/au/legis/cth/num_act/hraeoca1986512/sch2.html

Some of the recent attempts to censor online content, as well as the possibility to restrict 
who can control a domain name seriously threaten these rights and I urge extreme caution in 
setting pollicies that can restrict free and open expression of views.

The DNSO should be more involved to ensure that Australia does not become a difficult place 
to register domains, out of touch with accepted procedures.

If Australia does adopt restrictive policies then alternative domain name servers will gain 
more acceptance leading to a fragmented internet presence and consumer confusion.

Yours Sincerely,

Andrew McMeikan.