Alastair Waddell wrote:

> <adam todd>
> > I feel if someone is selling a domain name in an SLD that is "generic" and
> > doesn't relate to the ISP's own name or private identiy, then it shodu lbe
> > portable if they sellers goal is market penetration.
> >
> > Failure to meet this is restrictive trade and is written in the Trade
> > Practices Act.
> 
>   I think this needs to be clarified as a matter of some
>   importance as the goal in mind will be achieved if the issue
>   can be articulated and made relevant to Law.

The law and what is written in its books are often an ass.
Just because something is codified on the statues, awaiting some
interpretation by the courts, does not mean it will be
enforced.

There has to be both statute and will to investigate and prosecute.
The latter two are very often never done due to lack of political
will, lack of resources or both.  A good case in point.
We've been working for some with the AFP on bona fide
credit card fraud cases on the Internet here in Australia.
V.easy to agree that this is a crime. But! After tons of verifiable
evidence, the police have had to finally tell us there are too many
"small" cases (fraud under, say, $1000.00) for them to investigate
and they have no resources for such pursutes. They remain 
investigating BIG fraud. In this case, even if we wishes to
proceed with prosecution, we would not have any further assistance
from the AFP ;(

I'm sure members on the list can draw their own conclusions
about how effective the Trade Practices Act would be in actually
regulating the behaviour of unethical domain registrars here in
Australia. It is one thing to quote a law. It is quite another
(and a lot more work) to quote actualy cases of succesful
prosecution. Case history and precedent are much more informative :-)

Rather than relying on existing statute to somehow rather
precariously enforce moral and ethical and businesslike behaviour
in DNS registration and administration, perhaps more codified
Codes of Conduct and agreement in the .AU community as to how
the DNS will be are required. Like the bar, the Internet industry
can often go a long way itself towards enforcing its own policies,
e.g. UDP in the news, SPAM blocking, and even ostracisation.

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 _/  Richard Welykochy                 mailto:rick&#167;dot.net.au
_/  Dot Communications Ltd             http://www.dot.net.au/world
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