Rick and all,

Rick Welykochy wrote:

> 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.

  You are of course very correct here Rick.  What is also true isthat it only
takes one individual with conviction to see to it
that enforcement is done.

>
>
> There has to be both statute and will to investigate and prosecute.

  True again.  And also it only takes one person to have that will
to do the investigation or insist that others in the proper position to
do so.

> The latter two are very often never done due to lack of political
> will, lack of resources or both.

  Correct again Rick.  And again it only takes one person to achieve all of these
requirements.

> 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 ;(

  SImple fix for your problem might be to pursue this on your own with
qualified private investigators and file an injunction to protract the
proper authorities to do their duty.  I have faced a very similar situation
on more than one occasion.  And on each of those unfortunate and
trying occasions we did this and it was quite successful.

>
>
> 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.

  As I am not that familiar with the legal and crime investigative structure in
Australia, I can assure you that with the offices we have there, I would have
very little problem with getting a things rolling there.

> 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 :-)

  True again Rick.  You are certainly on a roll!  >;)  And again I might or
must add that there may not be any cases of successful prosecution under a
new law, but with percerverance and focus, there is always a first time.

>
>
> 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.

  And again this is also most likely correct.  But if those "Codes of conduct"
fall short of achieving a legal standard, than it is likely that legal action will
be
necessary.

> 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.

  This is sometimes true.

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

 regards,

--
Jeffrey A. Williams
DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1&#167;ix.netcom.com