> -----Original Message-----
> From: Kim Davies [mailto:kim§cynosure.com.au]
> Sent: 25 July 2003 3:11 AM
> To: dns§lists.auda.org.au
> Subject: [DNS] DNS and Spam
> Sorry to take things off on a tangent a little..

Kim, your not heading off on a tangent as I see it - you're spot on.

I was about the post the following, in response to Jon Lawrence and Skeeve
Stevens (see their emails below), when I saw your email.

--

The following comments and opinions are put forward with a view to advancing
debate - I'm not wedded to them.

If auDA's and the ACCC's regulatory frameworks were effective, inappropriate
market behaviour should, by and large, cease.

Indications are that these frameworks are, in part, ineffective - too
cumbersome, slow, costly ...  That is, they are not achieving desired outcomes,
according to some community standards.  That's what I hear many in the industry
saying, and that's what I observe.

Ultimately consumers of domain name services meet the cost of market and (any)
regulatory failure.  Ineffective deterrent and enforcement mechanisms impose
costs on auDA, ACCC, bona fide industry players and consumers.  Consumers and
taxpayers fund these mechanisms.

With continuing market and regulatory failure - including failure due to the
limitations of the regulatory framework(s) - the case for further government
intervention seems compelling, unless the domain name industry / co-regulators
can demonstrate that they can effectively deal with inappropriate market
behaviour.

I'm tending to the view that national legislation is probably required.  For
example, consideration might be given to addressing issues in the context of the
(electronic) spam legislation announced yesterday by the Minister for
Communications, Information Technolgy and the Arts
<http://www.dcita.gov.au/Article/0,,0_1-2_15-4_115938,00.html>.

A case could be made for the legislation to also deal with non-electronic spam
relating to domain names.  Indeed, the case can be made for the legislation to
address the domain name industry's and consumers' concerns.

I'm away from email till much later today.

Ian


--
Ian Johnston, Policy Consultant
Small Enterprise Telecommunications Centre (SETEL)
www.setel.com.au   mailto:ian.johnston&#167;setel.com.au
02 6251 7848 (B)   02 6251 7835 (F)   0413 990 112 (M)

SETEL is a national small business consumer association
advancing the interest of Australian small business
as telecommunications and e-commerce consumers


> -----Original Message-----
> From: Jon Lawrence [mailto:jon&#167;jonlawrence.com]
> Sent: 24 July 2003 7:56 PM
> To: dns&#167;lists.auda.org.au
> Subject: RE: [DNS] Domain Names Australia - How to stop them
>
>
> If they're registering the names as a retail client, how do you identify
> the order as coming from DNA? Block their email address? They'll just use
> a different one.  Block their IP address? Ditto.
>
> It's my understanding that the appropriate manner in which to deal with
> issues such as this where the party involved is operating outside of
> a contractual
> relationship with auDA is under the relevant provisions of the Trade Practices
> Act, and/or state-based trading standards legislation.  I believe that auDA
> is already pursuing this matter in conjunction with the ACCC.
>
> jon
>
> >-- Original Message --
> >Reply-To: dns&#167;lists.auda.org.au
> >From: "Skeeve Stevens" <skeeve&#167;skeeve.org>
> >To: <dns&#167;lists.auda.org.au>
> >Date: Thu, 24 Jul 2003 19:31:35 +1000
> >Subject: [DNS] Domain Names Australia - How to stop them
> >
> >Ok. Am I completely on the wrong track here. or isn't it quite easy to
> >stop people like Domain Names Australia.
> >
> >When something happens like their current campaign, auDA should issue an
> >order to all current registrars, including AusRegistry, to not accept
> >any more domain applications from DNA.
> >
> >That way, any money they do collect, is simply classified as fraud,
> >since they haven't actually provided a service (i.e. Domain Name).
> >
> >Maybe auDA needs to update policies and their registrar agreements, so
> >that they can issue a 'Block' when someone launches a campaign like
> >this.
> >
> >Is this on the right track?
> >
> >If you block their ability to register domains. then they are simply out
> >of business.. How easy is that?
> >
> >
> >_______________________________________________________
> >Skeeve Stevens, RHCE     Email: skeeve&#167;skeeve.org
> >Website: www.skeeve.org  - Telephone: (0414) 753 383
> >Address: P.O Box 1035, Epping, NSW, 1710, Australia
> >
> >eIntellego - skeeve&#167;eintellego.net - www.eintellego.net
> >_______________________________________________________
> >Si vis pacem, para bellum

--

> -----Original Message-----
> From: Kim Davies [mailto:kim&#167;cynosure.com.au]
> Sent: 25 July 2003 3:11 AM
> To: dns&#167;lists.auda.org.au
> Subject: [DNS] DNS and Spam
>
>
> Sorry to take things off on a tangent a little..
>
> I haven't been following recent spam developments in Australia lately,
> but the flurry of articles in the media has been hard to miss...
>
> One article that caught my eye was at
> http://www.computerworld.com.au/index.php?id=589997653&fp=16&fpid=0
> which reads in part:
>
>     Notably, the legislation also contains major concessions to
>     the direct marketing industry, who will be allowed to continue
>     to harvest Australian e-mail addresses on .com.au sites on the
>     Internet, essentially for the purpose of business to business
>     marketing.
>
> Is this true? Surely this represents a fundamental loophole and
> misunderstanding of the role of second level domains.
>
> Having an email address end in .com.au does not at all signify that the
> users of that domain are commercial enterprises. On the contrary, many
> (most?) ISPs in Australia hand out email addresses under this 2LD to all
> their customers.
>
> Secondly, such practice seemingly legitimises spamming .com.au domain
> holders for the purposes of domain name renewal.
>
> I sincerely hope this is either an oversimplification or the author got
> it wrong. I'd hate to see .com.au die off because it became some
> legitimated spammer refuge.
>
> kim
>
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