Ron,

Your point about the Code of Conduct is correct. However, it was also stated
that MIT did not agree with the provisions in the Registrar agreement about
re-sellers. There is no argument that a Code of Practice is essential.

The Competition Panel Report says;

"2.4.9 The Panel recommends that auDA impose some minimum conditions on
accredited registrars, focused mainly on consumer protection issues, such as
protection of personal information. The Panel also recommends that
registrars and consumer representatives develop an industry code of practice
to set standards for consumer protection covering such matters as minimum
levels of disclosure, handling of registration fees paid in advance,
transfer of registrants between registrars, handling of disputes between
registrars and registrants and credit management. This code of practice
should be approved by auDA, with adherence to be imposed as a licence
condition for all registrars ........
2.4.10 The Panel recommends that auDA commence planning of the code
development process as early as possible, as part of the implementation
strategy (see section 3). The Panel suggests that auDA convene a working
group of industry and consumer representatives to initiate code development.
Considering the large number of diverse participants within the domain name
services industry, the Panel notes that there may be difficulties in
reaching consensus on an industry code of practice in a timely manner. To
ensure that the introduction of consumer safeguards occurs concurrently with
the introduction of competition, the Panel recommends that such safeguards
be incorporated into auDA's initial registrar licence agreements. This would
remove the need for auDA to establish immediately a forum for the
development of industry codes, and would also allow time for new entrants to
gain industry experience......."
This is what auDA is intending to do and the Registrar agreement deals with
this.
Regards,

Chris Disspain
CEO - auDA
ceo§auda.org.au
+61-3-9226-9495
www.auda.org.au


-----Original Message-----
From: Ron Stark [mailto:ronstark§businesspark.com.au]
Sent: Wednesday, 17 October 2001 13:20
To: 'dns§auda.org.au'
Subject: RE: [DNS] FW: [Oz-ISP] Internet Registrations Australia gross
overcharging for .com.au!

Chris, I have no axe to grind one way or the other, but I must comment on
your statement "Interestingly, at the public meeting we held to discuss the
draft agreement, Melbourne IT expressed the view that we should not be doing
any of this." below.

I was at that meeting as you know, and my impression is that on this issue
Melbourne IT was strongly in favour of an enforceable Code of Conduct.
Indeed, whilst that particular subject was under discussion, one of their
concerns was that the draft Code isn't strong enough.

Melbourne IT's concern, and others' as well, was the lack of empirical
parameters within which auDA could instruct a Registrar to terminate their
agreement with a reseller.  Consensus was, however, in favour of auDA having
power to do so.

Which brings us back to the fundamental (and urgent) need to have an
industry-agreed Code of Conduct that protects auDA, registrars, resellers
and most importantly consumers.

Ron Stark
Business Park Pty Ltd
mail: ronstark§businesspark.com.au
tel: +61 (0)3 9592 6895   fax: +61 (0)3 9591 0729
mob: +61 (0)41 812 9922



-----Original Message-----
From: Chris Disspain [mailto:ceo§auda.org.au]
Sent: Wednesday, 17 October 2001 1:03 PM
To: dns§auda.org.au
Subject: RE: [DNS] FW: [Oz-ISP] Internet Registrations Australia gross
overcharging for .com.au!


Don,

Organisations like IRA are channel partners of MIT and governed by a Licence
Agreement. It is my understanding that MIT's legal advice is that they
cannot terminate these Licences for activities such as those displayed by
IRA.

auDA has now published an Interim Code of Practice and I understand that MIT
will endeavour to ensure that their re-sellers abide by it. Clause 8 of the
Code deals specifically with Solicitations for Business.

You will also be aware that auDA has issued 2 Consumer Alerts earlier this
year.

http://www.auda.org.au/alert_renewal.html

http://www.auda.org.au/alert_resellers.html

We encourage all domain name re-sellers and ISPs to email these to their
customer database so that registrants are fully informed.

We will be issuing another one shortly specifically dealing with IRA.

At the moment there is little else we can do other than continue to refer
these matters to the ACCC.

However, under the new competition regime, auDA will have the power to do
something about all of this. Our draft Registrars Agreement has clauses in
it making Registrars responsible for the behaviour of their re-sellers and
allowing auDA to instruct a Registrar to terminate a re-seller Licence. It
also contains provision ensuring that any Licence between an Registrar and a
re-seller contains various consumer safeguard clauses. Interestingly, at the
public meeting we held to discuss the draft agreement, Melbourne IT
expressed the view that we should not be doing any of this.

Regards

Chris Disspain
CEO - auDA
ceo§auda.org.au
+61-3-9226-9495
www.auda.org.au


-----Original Message-----
From: Don Cameron [mailto:donc§mudgeeab.com.au]
Sent: Monday, 15 October 2001 15:58
To: dns§auda.org.au
Subject: Re: [DNS] FW: [Oz-ISP] Internet Registrations Australia gross
overcharging for .com.au!

... and another IRA (aptly named) renewal notice to add to my pile. Was
anyone able to respond to Dr. Brooks request for information on the best way
to deal with these? - It's my understanding that the Government (and it's
agencies such as the ACCC), are trying to maintain the concept of industry
self-governance through bodies like AuDA - Does AuDA have an established
procedure for complaints against channel partners? - If so, could someone
please let us know what this is - this practice is getting way beyond a
joke, and would certainly be deemed unacceptable in any other industry.

Don Cameron

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