RE: [DNS] Industry self-regulation

RE: [DNS] Industry self-regulation

From: Adrian Stephan <akstephan§ozemail.com.au>
Date: Fri, 23 Nov 2001 07:36:16 +1100
Dear Folks

At long last someone is getting close.  However, I am not sure one is needed
as I believe the current laws are probably close enough and only need some
regulations.  If the Government can introduce a regulation to protect the
name and identity of a cricketer, why can't this apply to everyone?  Some
.au focused Acts may in fact have to be repealed because they are may be
unworkable.

I don't know Don, but I think you will be the losers if you cannot find a
process to keep folks like this included.

Don is absolutely right, this is a legislative framework problem.  My
contribution to his idea is to ask the Govt to reform the entire identity
and property issues regarding business names, trademarks, domain names, etc
to establish laws and processes that people can establish businesses the
identity associated with businesses and not be stuffed around by people
making decisions on words they have no idea what they mean.

It must be looked at from that level and not just the .au world.  There are
cultural issues that have evolved since the Dutch East India Company and
don't ignore it.

I was working overseas early Oct and only now catching up on my mail.  If
you have not read BRW Oct 11-17, p28 article "Sovereignty demands a safety
net" I suggest that you do.

I know that I am probably seen as an eccentric critic, but from watching
this closely for a couple of years I sometimes think the whole process is
like shifting the deck chairs on the Titanic.

Mark is exactly right, in a few years business wont be the dominant domain
names holders.  You guys are trying to build something that is too hard for
business to work with so they will find something easier and more
protective. As I recall the last domain name I registered in .au was
dependability.com.au and that was simply to show that the MelbourneIT
process may not be as rigorous as they think it is.  Since, then if I need a
domain name I have found what I wanted somewhere else.

I had my case looked at by a law professor and his view was that I was
caught in some kind of weird trap.

The future is about identity and protection of that identity, I would even
go so far as to say that the existing TPA will not be sufficiently strong in
this area.

Don't try and reinvent the past, we have to create a future.  But the future
has to be equitable and have integrity for all entities.  A recent posting
stated a whole list of qualifications and reasons why they are an authority.
I and many others can do the same.  Mine are in logistics and management
science, but did that unique international and local expertise mean anything
to Jan Webster or auDA - not one jot!  In fact, instead of trying to learn
from it for free it only seemed to harden their line.  "I cannot be seen to
be wrong" and "We must protect our decision at all costs" seems to be the
main war cry's.

I guess I get a bit annoyed when I see people arguing about letters from
domain name whatever's and the role of ACCC to punish them.  If you don't
like the letters, get a shredder.  However, I do get annoyed when I get all
of this electronic junk mail that is more about exploitation of women,
prostitution, etc and not a word.  Why don't you look at a process of at
least isolating some of the ISPs these come from and shutting them down.

If you are going to achieve anything worthwhile you are going to have to
change your view of the world.  The world is not the .au domain space.  You
are going to have to be more inclusive and acceptable of alternate views.
>From my experience, there is need for a major cultural change within this
forum.  The problem, is I am not sure you know where you have to be in the
wider community in 10 years time.  The postings don't reflect such vision.


Rgds

Adrian


===========================================
Adrian Stephan (Managing Director)
Logistics Pty Ltd
POB 5068
PINEWOOD  VIC  3149
Ph: +61 (0)3 9888 2366 Fx: +61 (0)3 9888 2377
akstephan&#167;ozemail.com.au
adrian.stephan&#167;logistic.com.au
www.logistic.com.au
===========================================


-----Original Message-----
From: Don Cameron [mailto:donc&#167;mudgeeab.com.au]
Sent: Thursday, 22 November 2001 22:45 PM
To: dns&#167;auda.org.au
Subject: [DNS] Industry self-regulation


A model for consideration:

1/ NOIE are requested to formulate a legislative framework for the
management of the Australian Internet namespace.
 - To seek stakeholder input and feedback in accord with policy governing
the creation of Australian legislation
 - To create an Act of Parliament outlining the management parameters of the
.au namespace and associated functions, and to include penalties for
breaches of the Act.
- To formalise under statute the Australian Internet Industry as a
self-regulating Industry.

2/ auDA (and any other interested industrial bodies) apply to NOIE for
certification as a regulatory authority, and on achieving certification:
 - Establish the framework for industry self-audits (of statutory
compliance) - This is probably the most important aspect of an industry
being 'self-regulating' - that the industry itself measures statutory
compliance rather than teams of Government auditors and inspectors.
 - Establish penalties for breaches not subject to statutory penalty points
(aspects such as the theft of confidential information would be deemed an
offence under the Act and dealt with through the Courts)
 - Establish membership parameters determined by membership status
(registrar, reseller etc.)
 - Communicate to the public at large the statutory framework (and
subsequent penalties) for companies who break the law and the recourse
available to affected parties.

Pre-empting comments on this proposal, I'm sure some will deem this to be
too difficult, or perhaps to restrictive to the concept of free-trade. My
answer is simple... Several years ago I was part of a team tasked with
implementing a NSW Act of Parliament. The process is not complicated, and
providing real stakeholder feedback is incorporated into the process, it's
also not very political.

To the matter of restrictions, the answer is even easier... If we are not
proactive, this legislation will ultimately happen anyway (if not by NOIE
then within the Australian Communications Statutes), however largely without
our input. We can drive the legislation, or we can simply wait for it to be
forced upon us. If the industry wants trade considerations incorporated,
then I suggest the industry be a part of creating the legislative framework.

... and on this note I bid you all adieu, and wish you well with your future
endeavours. Please look after this national resource... it's the only
namespace we have.

Don



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Received on Thu Nov 22 2001 - 20:39:54 UTC

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