--- title: "Same Domain. Different Rights." description: "Why change rules that are already working?" author: "Erwin Groen" date: 2026-10-29 image: /media/same-domain-different-rights.png tags: - OwnTheDot - auDA - domains --- ## Why Change the Rules? On 19 October 2026, Australia's domain authority, auDA, announced changes to its proposed eligibility rules for .com.au and .net.au domains. Existing registrants would be allowed to keep their domain names under the current rules, while new registrants could face tighter restrictions. Grandfathering existing registrations is a welcome development, but it doesn't explain why the rules need changing in the first place. ## What Is the Problem? For years, Australian businesses have been able to register domain names connected to their business names, products, services or activities. The system provides flexibility while still requiring an Australian connection. Now auDA wants to remove one of those registration options. Its review panel has raised concerns about fairness, consistency and consumer protection, but it's difficult to see how removing an established registration pathway will improve matters for legitimate Australian businesses. Rather than restricting everyone, wouldn't it make more sense to address those who actually misuse the system? **Changing the rules should make things better, not simply make registration harder.** ## The Industry Is Asking Questions Too According to an article published by Assets.com.au on 27 October, 21 accredited registrars signed a letter opposing the proposed changes. These are businesses directly involved in registering and managing Australian domain names. Their opposition suggests the concerns extend well beyond domain investors and individual registrants. When a significant number of registrars question a proposed change, auDA should be able to clearly explain what problem it's solving and why the existing rules are no longer suitable. ## Same Domain. Different Rights. Under the proposal, existing registrants could retain their domains under the old rules, while new registrants would face different eligibility requirements. Two Australian businesses could therefore operate under different registration conditions simply because one registered its domain earlier than the other. If the existing rules are acceptable for current registrants, why shouldn't they be acceptable for future ones? Grandfathering may prevent immediate disruption, but it also risks creating two classes of registrants within the same namespace. ## What Happens When You Sell? Imagine registering a generic .com.au domain ten years ago and building a successful business around it. Under the proposed grandfathering arrangements, you may be able to keep that domain. But what happens when you decide to sell the business or transfer the domain to someone else? Would the new registrant inherit the same protection, or would the proposed eligibility restrictions apply? Until auDA clearly explains how grandfathering will work during transfers, there's uncertainty for businesses and investors who have legitimately acquired domain names under the existing rules. A domain that becomes more difficult to transfer may also become less valuable, even when its registration remains protected. **Protecting an existing registration means less if its commercial usefulness becomes restricted.** ## Who Benefits? Australian businesses invest considerable time and money developing websites, building customer relationships and establishing reputations around their domain names. Restricting legitimate registration options could reduce choice, complicate future business decisions and introduce costs without delivering any obvious benefit. Australia already has eligibility requirements designed to maintain a connection between registrants and the country. Removing another pathway should require a convincing explanation of what the change will achieve. The proposed restrictions risk creating more problems than they solve. **They do no one any favours.** ## When a Name Isn't Really Yours There's another issue worth considering: Australians don't legally own their .com.au or .net.au domain names. They're licensed to use them under conditions established by auDA. For many businesses, a domain name represents years of work, investment and reputation. Customers recognise it, employees rely on it, and entire businesses can depend on it functioning without interruption. Yet the rules governing these names are determined by an organisation that's largely removed from the everyday realities of the people using them. Policy decisions made at the top filter down through registrars and eventually affect business owners, employees and customers. Regulation has a place, particularly when it protects the integrity of Australia's namespace. But adding bureaucracy that restricts legitimate use, registration or transfer should produce a clear and measurable benefit. Businesses need certainty, especially when they've invested years building their identities around names registered legitimately under the rules of the day. **A licence gives you permission to use a name. It doesn't give you ownership of it. And when the rules can change, that distinction matters.** ## Who Controls the Rules? auDA has a responsibility to maintain trust and confidence in Australia's domain namespace. That responsibility should also extend to the businesses and individuals who rely on it. Registration conditions should be fair, consistent and predictable, regardless of when someone registered their domain. There may be good reasons to review existing rules, but changing them shouldn't become an objective in itself. If the current system is working, and no clear benefit has been demonstrated, maintaining the existing rules may be the better decision. **If we don't own the names we build our businesses around, shouldn't we at least have confidence that the rules governing them are fair, consistent and genuinely necessary?** *Own The Name | Own The Rules | Own The Dot* --- **Sources** - [auDA — Update on .au Licensing Rules Review](https://www.auda.org.au/news-insights/statements/update-on-au-licensing-rules-review/) - [Assets.com.au — The auDA Backflip Has Started](https://assets.com.au/auda-backflip-has-started/) *Editorial note: The proposed changes haven't been finalised and remain subject to further consultation.*