Re: [DNS] Domain-name shake-up spurs a boom

Re: [DNS] Domain-name shake-up spurs a boom

From: <craig.ng§maddocks.com.au>
Date: Tue, 9 Jul 2002 12:28:34 +1000
Adam - auDA is an industry self-regulatory body.  To the extent that it has
contracts with industry participants (such as a Registry Licence Agreement
with AusRegistry - the registry operator, and Registrar Agreements with the
various auDA accredited registrars), then auDA has a contractual right to
regulate the conduct of those participants, and enforce the terms of the
contract.

However, in relation to participants with whom auDA does not have contractual
relationships (such as de facto resellers who are not formally signed up as
resellers), then the natural course of action for auDA to take is to refer to
the Government regulator which enforces the laws of this country - ie. the
referral to ACCC.  This is how industry self-regulation works.

Regards


Craig Ng
Partner
Maddocks

t  +613 9288 0523
f  +613 9288 0666
e  craig.ng&#167;maddocks.com.au

>>> "auda&#167;todd.inoz.com" 9/07/02 11:00:57 am >>>

>auDA files complaint against Internet Registry
>http://zdnet.com.au/newstech/ebusiness/story/0,2000024981,20266505,00.ht >m

Now this story is exactly why auDA is a powerless, toothless tiger.  If it had
ANY authority whatsoever, it could take action without concern for legal
ramifications.  However as auDA is a private company, it can't afford to take
on long running legal battles in the courts.

Maybe auDA needs to request that the Administrative Tribunals be granted leave
to hear auDA matters so auDA can handle the matters through an established
Government administration system?

At the same time, seeking leave for people with complaints against auDA to use
the Tribunal as well.

Then everything will be on a much fairer playing field.

I also find it amazing that auDA has to feed the ACCC to do a job of
self-regulation.  That just isn't right.  auDA is either a self-regulator, or
it's nothing but a corporation in the civil market place.

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Craig Ng

Maddocks
Tel: (03) 92880555   International: +61 3 92880555
Fax: (03) 92880666   International: +61 3 92880666
Web: http://www.maddocks.com.au
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Received on Fri Oct 03 2003 - 00:00:00 UTC

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