[LINK] Assault on Consumer Protection on the Net

[Alan L Tyree]

On Thu, 12 Apr 2007 13:09:18 +1000
Roger Clarke <Roger.Clarke at xamax.com.au> wrote:

> 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.

I think that is true. And the consultation paper itself was prepared by
a law firm (at least primarily by a law firm) and they put in stuff
that they originated. Indeed, I believe that the "security" issue was
put in by a law firm rather than by any formal submissions. Of course,
the firm in question does a lot of business with the banks.

> 
> 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 Tel: +61 2 6288 1472, and 6288 6916
> mailto:Roger.Clarke at xamax.com.au
> http://www.xamax.com.au/
> 
> 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
> 


-- 
Alan L Tyree                    http://www2.austlii.edu.au/~alan
Tel: +61 2 4782 2670            Mobile: +61 427 486 206
Fax: +61 2 4782 7092            FWD: 615662