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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