I also agree with Ken and would like to comment on Tony's remarks and concerns.

         First, there was no need for codes of ethics in the past. Perhaps
there were such codes but they were not formalized. We are moving toward a
more formalized relationship among the various stakeholders of the Internet.
Size usually brings this about. More importantly, the environment has
changed. A code may be needed when the number of actors is growing and the
actions of one actor may affect the position of others. In our case, a code
may be an alternative to government interference, which most people believe
is not desirable. Ethical codes emphasize self limitations, and reduced
third party enforcement. For example, a declaration that an actor is "code
compliant" may be attractive to clients.     

        Many professions self imposed limitations on conduct without basis
in law. In fact, the law then adopted the standards of the professions. For
example, practical nurses established a group of nurses that were more
expert. These were later recognized by law and anyone who wanted to call
himself an expert nurse had to register. 

        Tony raises an important question: where do you draw the line? I
believe that the line is drawn where competition and the law do not
adequately and efficiently protect users, and may reduce the trust in the
rest of the servicers. 


Tamar
At 11:18 AM 2/16/99 -0500, you wrote:
>I agree with Ken.
>
>As I understand her, Tamar Frankel has stressed from the beginning that
>voluntary, self-organized trade associations are more likely to be
>successful if the membership makes a collective effort to protect itself
>against bad apples. This implies to me that members of the DNS industry
>(at a minimum, registries and registrars, root service providers, and
>name service providers) would do well to establish a code of conduct for
>themselves. 
>   
>This says nothing of the substance of such a code, nor of how to make it
>binding and enforceable. But I would argue: 1) Members of the DNS
>industry should try to map out and level the playing field by making
>this sort of a formal commitment to each other, and; 2) Internet
>consumers/users deserve a publicly stated standard of reference against
>which they can test individual entities for "bad appleness," and with
>which they can begin to assess the quality of the industry as a whole.
>
>Craig Simon
>
>A.M. Rutkowski wrote:
>> 
>> Ken,
>> 
>> >rules,standards, codes ... call them what you will but i feel that they are
>> >essential components for insuring confidence in the growth in the registry
>> >system.
>> >
>> >ken
>> >p.s.  i feel advocating business standards or codes of ethics only enhances
>> >public confidence. as a CPA it has worked quite well for the profession as a
>> >whole. as far as other internet -related activities are concerned. i leave
>> >it up to them to determine what is in their best self-interest, although i
>> >would assume that many internet industry trade associations currenty have
>> >"codes" to help instill confidence in doing business with their members..
>> >(the bar association also comes into mind here as well..)
>> 
>> This is an important, indeed fundamental, set of considerations.
>> 
>> The Internet and those who provide Internet resources have
>> done rather well over the years without codes.  Applicable law,
>> the marketplace, and customary practice has been sufficient.
>> Your thoughtful response raises the issue of whether it's now
>> necessary through some means of intervention to promulgate
>> and enforce codes for the providers of Internet services.
>> 
>> I'd suggest great caution here.  The codes of professional
>> groups are generally predicated on some color of government
>> licensing authority.  The codes of trade associations generally
>> emerge out of consensus among the members of those associations.
>> In both of these cases, the codes are very minimalist, general,
>> and usually voluntary.
>> 
>> It also begs the question, why tld dns registry service providers?
>> How about lower level registries?  What's so important about DNS
>> directory services?  There are other components of the Internet
>> and its resources that are more important.  Shouldn't there be
>> codes for ISP?  For public key authenticators?  Web hosters?
>> Search services? How about ECommerce providers?
>> 
>> This is a long slippery slope without end, and under whose aegis
>> is it to occur?
>> 
>> --tony
>
>
  ----------------------------
 YOUR NAME HERE
 Boston University School of Law
 765 Commonwealth Avenue
 Boston, MA  02215
 EMail: [EMAIL PROTECTED]
  ----------------------------

Reply via email to