Clinton asks public to identify laws and regulations that impede e-commerce

[James Love <love@cptech.org>]

According to this Presidential Memorandum,

    "Within 60 days . . .the {United States] Working Group 
    [on electronic commerce] 
    shall invite the public to identify laws or regulations that may 
    obstruct or hinder electronic  commerce, including those laws and
    regulations that should be modified  on a priority basis because 
    they are currently inhibiting electronic commerce that is otherwise 
    ready to take place.

    The Working Group also shall invite the public to recommend how
    governments should adapt public interest regulations to the electronic
    environment.  These recommendations should discuss ways to ensure that
    public interest protections for online transactions will be equivalent
    to that now provided for offline transactions; maintain technology
    neutrality; minimize legal and regulatory barriers to electronic
    commerce; and take into account cross-border transactions that are now
    likely to occur electronically.

 
I'm not sure what all will be attempted under this initative, but 
CPT will work with others to ask that the US government change patent
laws to eliminate patents on business practices.  Other groups might
want to identify other issues, such as how the lack of privacy
protections are undermining consumer confidence in electronic commerce.

   Jamie


http://www.pub.whitehouse.gov/uri-res/I2R?urn:pdi://oma.eop.gov.us/1999/11/29/3.text.2

                           THE WHITE HOUSE

                     Office of the Press Secretary
________________________________________________________________________
For Immediate Release                                  November 29, 1999



                           November 29, 1999




MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES

SUBJECT:       Facilitating the Growth of Electronic Commerce


The rapid growth of the Internet and its increasing use throughout the
world for electronic commerce holds great promise for American consumers
and for the Nation.  Consumers will have significantly greater choice
and convenience and will benefit from enhanced competition for their
businesses.

It is essential for consumers and the health of the economy that
government facilitate not only retail activity, which has increased
substantially, but also the movement to the online environment of other
categories of transactions.  We must update laws and regulations
developed before the advent of the Internet that may have the unintended
effect of impeding business-to-business and business-to-consumer online
transactions.  Impediments may include regulatory or licensing
requirements and technical standards and other policies that may hinder
electronic commerce in particular goods or services.  While some of
these legal restrictions are the subject of pending legislation, other
potential barriers are outside the scope of those legislative proposals.

Under the Government Paperwork Elimination Act, Federal agencies are
addressing issues regarding electronic transactions within the Federal
Government and between the Federal Government and other parties.  We
should provide for similar consideration of laws and regulations
governing electronic commerce in the private sector.

In adapting laws and regulations to the electronic environment, it is
critical that consumers and the public at large be assured of a level of
protection in electronic commerce equivalent to that which they now
enjoy in more traditional forms of commerce.  Any disparity in
protection may undermine consumer confidence in electronic commerce and
impede the growth of this important new trade medium.  At the same time,
we must recognize that different media may require different approaches
and that public interest protections designed for the physical world may
not fit in the electronic commerce arena.  We should attempt to develop
an equivalent level of protection, recognizing that different means may
be necessary to accomplish that goal.

The United States Government Working Group on Electronic Commerce (the
Working Group) shall establish a subgroup, led by the Department of
Commerce, to:  (1) identify Federal, State, and local laws and
regulations that impose barriers to the growth of electronic commerce,
and (2) recommend how these laws and regulations should be revised to
facilitate the development of electronic commerce, while ensuring that
protection of the public interest (including consumer protection) is
equivalent to that provided with respect to offline commerce.  This
subgroup shall carry out the responsibilities identified below on behalf
of the Working Group, with the exception of reporting to the President.

Within 60 days of the date of this memorandum, the Working Group shall
invite the public to identify laws or regulations that may obstruct or
hinder electronic commerce, including those laws and regulations that
should be modified on a priority basis because they are currently
inhibiting electronic commerce that is otherwise ready to take place.
The Working Group also shall invite the public to recommend how
governments should adapt public interest regulations to the electronic
environment.  These recommendations should discuss ways to ensure that
public interest protections for online transactions will be equivalent
to that now provided for offline transactions; maintain technology
neutrality; minimize legal and regulatory barriers to electronic
commerce; and take into account cross-border transactions that are now
likely to occur electronically.

The Working Group shall request each Federal agency, including
independent regulatory agencies, to identify any provision of law
administered by such agency, or any regulation issued by such agency,
that may impose a barrier to electronic transactions or otherwise impede
the conduct of commerce online or by electronic means, and to recommend
how such laws or regulations may be revised to allow electronic commerce
to proceed while maintaining protection of the public interest.

The Working Group shall invite representatives of State and local
governments to identify laws and regulations at the State and local
level that may impose a barrier to electronic transactions or otherwise
to the conduct of commerce online or by electronic means, to discuss how
State and local governments are revising such laws or regulations to
facilitate electronic commerce while protecting the public interest, and
to discuss the potential for consistent approaches to these issues.

The Working Group shall report to the President in a timely manner
identifying:

     (1)  laws and regulations that impose barriers to electronic
          commerce or that need to be amended to facilitate electronic
          commerce, and

     (2)  recommended steps for addressing the barriers that will
          facilitate the growth of electronic commerce and will ensure
          continued protection for consumers and the public at large.




                                   WILLIAM J. CLINTON
-- 
James Love, love@cptech.org
Consumer Project on Technology
http://www.cptech.org
202.387.8030, fax 202.234.5176