Tamar and all,

Tamar Frankel wrote:

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

  To a point we agree with Ken as well.  However as Tony states there needs
to be limits.  Not only that it is even more important that the Stakeholders
play the central role in determining what should constitute a set of ethical
codes collectively as to provide a better ethical standard of set of standards
as well an immediate buy in from those Stakeholders.  And this is where
we greatly differ with Ken and it seems the ICANN "Initial" and Interim
Board presently.

>
>
>          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
> >
> >
>   ----------------------------
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>  Boston University School of Law
>  765 Commonwealth Avenue
>  Boston, MA  02215
>  EMail: [EMAIL PROTECTED]
>   ----------------------------

Regards,

--
Jeffrey A. Williams
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail [EMAIL PROTECTED]
Contact Number:  972-447-1894
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