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engagement
This page looks at auDA's engagement with stakeholders.
It covers -
introduction
The preceding page suggested that auDA's authority as
a private sector entity exercising quasi-governmental
powers is founded
- on
endorsement by the federal government
- more
diffusely on recognition by ICANN
- on
its success in securing the commitment of commercial
entities and advocacy groups with differing interests
and capacity to influence other stakeholders
- the
absence of a credible alternative.
Challenges
to its legitimacy have on occasion been noisy but unsuccessful
and arguably have not been truly representative of the
community at large. auDA's performance is of interest
for management by staff and the board (with clear support
by its members) of legal challenges and of pressure by
different governments and commercial interests.
It has handled attempts at subversion and criticism that
is off target or simply uninformed and that rarely offers
realistic suggestions for improvement. One of the sillier
comments in 2006 for example was the claim by 'The Chief'
that
In
Australia, domain name registration gives the appearance
of a masked highwayman on the only train line into town
That
criticism apparently assumes effective regulation is free.
It also mixes metaphors: we assume that a bandit, masked
or otherwise, who had somehow strayed from the highway
onto one of several rail lines leading into town would
either get off or get run over by the locomotive.
the shape of engagement
The organisation has made efforts to encourage community
participation, with presentations at various fora and
a 'DNS' discussion list (with around 300 subscribers).
It has also slashed membership fees, reduced in 2003 from
$100 to $20 for the 'Demand' class.
engaging with network managers and users
In discussing online politics
and governance, we have
suggested that expectations about large-scale ongoing
electronic plebiscites, digital 'town halls' or day to
day participation by end-users of the net are arguably
misplaced. Most people are concerned to get on with their
lives: they are indifferent to network administration
or governance questions except when something such as
their phone doesn't work, they are deluged by spam or
costs increase.
government
auDA operates under Australian company law as a nonprofit
industry body. As part of the national 'co-regulatory'
arrangements for telecommunication services its activities
are subject to trade practices and telecommunications
law such as the Telecommunications Legislation Amendment
Act 2000 that provides a "safety net" with
government intervention if necessary.
Its constitution provides that if auDA is dissolved
the
right to administer the .au ccTLD must either be transferred
on to another entity nominated or approved by the Commonwealth
of Australia or, in the absence of such approval, be
transferred to the Commonwealth.
Although
auDA is not government owned or controlled it was established
under official auspices, was initially serviced by the
National Office for the Information Economy (NOIE),
and has been recurrently endorsed
by the federal communications minister, having a closer
relationship with government than other industry bodies.
Its activity since establishment has been closely watched
by the federal government and some of the state governments.
Several of the auDA working parties featured a NOIE representative
and the NSW state government was particularly forceful
in advocating the ill-conceived 'geographic' 2LD. In 2004
the federal government's Advisory Council on Intellectual
Property (ACIP)
released a discussion paper on a Review of the Relationship
Between Trade Marks & Business Names, Company Names
& Domain Names (PDF).
participation and legitimacy
Criticism of auDA was initially loud, although often
uninformed and arguably without substantial support among
the internet industries or wider community, and has not
been sustained. Few of the critics seem to have bothered
to study the auDA documentation or respond to the organisation's
calls for public comment on proposals.
Two sites that appeared in the second half of 2001 were
auDAWatch
(apparently extinct by August 2002) and the DNS Action
Group (DNSAG),
the latter featured the interesting Who Controls .org.au?
Where domain name policy and law collide paper (PDF).
Overall, the major form of participation is through its
advisory panels (discussed on the following page) and
smaller working groups, which have sought public responses
to particular proposals. The number of responses has generally
been lower than the number of people on the panels, despite
recurrent invitations to contribute advice/criticism.
(auDA has archived a full set of submissions on its site.)
The organisation faces a particular challenge in securing
the support of interested bodies while introducing competition
in the delivery of services and raising community awareness.
Overall, its small resources and emphasis on establishing
an effective new regime mean that it has been characterised
as reactive rather than engaging with the public at large.
From that perspective it arguably has had indifferent
success in communicating its mission, accordingly - if
unfairly - being criticised as unrepresentative, ineffectual
or not legitimate.
One registrar, who strangely complained that "the
rules disenfranchise a vast portion of the australian
population", grizzled that
the
community input has been shall we say rather biased
by the usual set of wannabe public heros [sic].
Most of those criticisms initially coalesced around redelegation
of responsibility for the dot-au space, ie transfer from
Robert Elz to auDA, and appear to have abated. They have
been replaced by claims, often of dubious plausibility,
from some registrars who assume that what is good for
the registrar industry - indeed what is only good for
the registrar industry - is good for Australia.
Other observers have suggested that there has been little
interest by the wider community because the regime works.
There has therefore been no reason for sustained community
involvement.
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