[LINK] Assault on Consumer Protection on the Net

[Roger Clarke]

At 12:00 +1000 12/4/07, Howard Lowndes wrote:
http://www.asic.gov.au/asic/asic.nsf/byheadline/Review+of+the+Electronic+Funds+Transfer+Code+of+Conduct+2007?openDocument 

>I went to this site and found approx 6 submissions, but none were 
>submissions from any industry players and hence there is no 
>demonstration of the assertions made below.  Where are the industry 
>submissions that are encouraging change to the EFT?

They were submitted prior to the preparation of the consultation 
paper, and are reflected in the text of that document.

It would also appear that the submissions from industry may have been 
comments made at meetings, rather than formal submissions supported 
by evidence, analysis and/or reasoned argument.

It's common practice among industry associations to avoid the 
information that they provide to regulators becoming public - and 
most regulators have been sufficiently captured by the organisations 
that they're supposed to be regulating that they go along with this 
subterfuge.

For that reason, my letter to ASIC submitting the paper included this:

"I note that your announcement pages failed to adopt the norm of 
declaring that all submissions will be made publicly available unless 
formally requested otherwise, and encouraging all persons and 
organisations making submissions to request suppression of 
information only where it is clearly justifiable, and structuring 
their submissions so that the information that it is requested be 
suppressed is separate from the publishable information.

"I urge that the Review adopt the above policy, notwithstanding the 
fact that it was not pre-advertised.

"I further request your advice in relation to whether any submissions 
have been received, or representations made that are of the nature of 
submissions to the Review, that are not being placed on the site."


-- 
Roger Clarke                  http://www.anu.edu.au/people/Roger.Clarke/

Xamax Consultancy Pty Ltd      78 Sidaway St, Chapman ACT 2611 AUSTRALIA
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Visiting Professor in Info Science & Eng  Australian National University
Visiting Professor in the eCommerce Program      University of Hong Kong
Visiting Professor in the Cyberspace Law & Policy Centre      Uni of NSW