98-33281. Public Workshop: U.S. Perspectives on Consumer Protection in the Global Electronic Marketplace  

  • [Federal Register Volume 63, Number 241 (Wednesday, December 16, 1998)]
    [Notices]
    [Pages 69289-69291]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-33281]
    
    
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    FEDERAL TRADE COMMISSION
    
    
    Public Workshop: U.S. Perspectives on Consumer Protection in the 
    Global Electronic Marketplace
    
    AGENCY: Federal Trade Commission.
    
    ACTION: Initial Notice Requesting Academic Papers and Public Comment 
    and Announcing Public Workshop.
    
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    SUMMARY: The Federal Trade Commission plans to hold a public workshop 
    to examine U.S. perspectives on consumer protection in the global 
    electronic marketplace, and seeks academic papers and public comment to 
    inform this examination.
    
    DATES: Papers and written comments are requested to be submitted on or 
    before February 26, 1999. The workshop will be held during the spring 
    of 1999.
    
    ADDRESSES: Six hard copies of each paper and written comment should be 
    submitted to: Secretary, Federal Trade Commission, Room H-159, 600 
    Pennsylvania Ave., N.W., Washington, D.C., 20580. Comments should be 
    captioned ``U.S. Perspectives on Consumer Protection in the Global 
    Electronic Marketplace--Comment, P994312.''
        Form and Availability of Comments: To enable prompt review and 
    accessibility to the public, papers and comments also should be 
    submitted, if possible, in electronic form, on either one 5-1/4 or one 
    3-1/2 inch computer disk, with a disk label stating the name of the 
    submitter and the name and version of the word processing program used 
    to create the document. (Programs based on DOS or Windows are 
    preferred. Files from other operating systems should be submitted in 
    ASCII text format.)
        Papers and written comments will be available for public inspection 
    in accordance with the Freedom of Information Act, 5 U.S.C. Sec. 552, 
    and Commission regulations, 16 C.F.R. Part 4.9, on normal business days 
    between the hours of 8:30 a.m. and 5:00 p.m. at Room 130, Federal Trade 
    Commission, 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580. The 
    Commission will make this notice and, to the extent possible, all 
    papers or comments received in response to this notice available to the 
    public through the Internet at the following address: http://
    www.ftc.gov.
    
    FOR FURTHER INFORMATION CONTACT: The exact dates, location, and 
    information about public participation in the workshop will be 
    announced later by Federal Register notice. For questions about this 
    request for academic papers and comments, contact either: Lisa 
    Rosenthal, Legal Advisor for International Consumer Protection, 
    Division of Planning and Information, Bureau of Consumer Protection, 
    Federal Trade Commission, 600 Pennsylvania Avenue, N.W., Washington, 
    D.C. 20580, telephone 202-326-2249, e-mail lrosenthal@ftc.gov; or 
    Jonathan Smollen, Attorney, Division of Financial Practices, Bureau of 
    Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue, 
    N.W., Washington, D.C. 20580, telephone 202-326-3457, e-mail 
    jsmollen@ftc.gov.
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        The number of direct, international business-to-consumer 
    transactions involving electronic commerce is expected to increase 
    significantly in the future. Global networks have the potential to 
    offer consumers substantial
    
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    benefits, including convenience and access to a wide range of goods, 
    services, and information at lower cost. But these benefits cannot be 
    realized fully until consumers develop confidence in commercial 
    activities conducted over global networks and businesses are assured of 
    a stable and predictable commercial environment. Accordingly, the 
    present challenge is to encourage the development of a global 
    marketplace that offers safety, transparency, and legal certainty. The 
    Federal Trade Commission, by seeking public comment and holding a 
    public workshop, aims to facilitate an ongoing dialogue on how 
    government, industry, and consumers can work together to meet this 
    important challenge.
    
    Invitation to Comment
    
        Interested parties, including academics, industry members, consumer 
    advocates, and government representatives, are requested to submit 
    academic papers or written comments on any issue of fact, law, or 
    policy that may inform the Commission's examination of U.S. 
    perspectives on consumer protection in the global electronic 
    marketplace. Because U.S. perspectives on these issues should be 
    informed by international approaches, comments should not be limited to 
    examinations of domestic laws or policies. Please provide copies of any 
    studies, surveys, research, or other empirical data referenced in 
    responses.
        The questions set forth below are intended only as examples of the 
    issues relevant to the Commission's examination. Submitters are invited 
    to comment on any relevant issue, regardless of whether it is 
    identified below.
    
    General
    
        1. What current protections exist for consumers engaged in 
    electronic commerce with foreign businesses?
        a. To what extent to do current protections vary by sector or 
    context?
        b. To what extent do protections for consumers in the traditional 
    marketplace apply to consumer transactions in the global electronic 
    marketplace?
        2. To what extent do existing laws, conventions, treaties, or 
    practices provide effective protection for consumers engaged in 
    electronic commerce with foreign businesses? To what extent do they 
    need to be modified?
        3. To the extent that existing laws, conventions, treaties, or 
    practices need to be modified to provide effective protection for 
    consumers engaged in electronic commerce with foreign businesses:
        a. How should such modifications vary according to industry sector 
    or context?
        b. How would such modifications affect law enforcement actions by 
    government agencies?
        c. How would such modifications affect business-to-business 
    transactions?
        d. How would such modifications affect the development of the 
    global electronic marketplace as a whole?
        4. What efforts to examine consumer protection in the global 
    electronic marketplace are already underway by private or public 
    entities at the international, national, state, or local levels? What 
    is the status of such efforts?
    
    Conflicts of Law
    
        5. When a consumer engages in electronic commerce with a foreign 
    business, which laws govern the transaction?
        a. How is that determined?
        b. Which choice of law would best facilitate commerce and provide 
    effective consumer protection?
        c. Under what circumstances should a consumer and a foreign 
    business be able to contractually agree on the governing law?
        d. To what extent do existing laws, conventions, treaties, or 
    practices affecting choice of law need to be modified?
        6. When a consumer engages in electronic commerce with a foreign 
    business, which court system or systems may adjudicate disputes arising 
    from the transaction?
        a. How is that determined?
        b. Which forum choice would best facilitate commerce and provide 
    effective consumer protection?
        c. Under what circumstances should a consumer and a foreign 
    business be able to contractually agree on the adjudicating court 
    system?
        d. To what extent do existing laws, conventions, treaties, or 
    practices affecting jurisdiction need to be modified?
        7. If a consumer were to obtain a judgment against a foreign 
    business, under what circumstances would that judgment be recognized by 
    a court system in another country?
        a. Under what circumstances would the judgment be recognized if it 
    had been obtained by a government agency acting on behalf of wronged 
    consumers?
        b. To what extent do existing laws, conventions, treaties, or 
    practices affecting judgment recognition need to be modified?
        8. To what extent do existing U.S. federal and state laws need to 
    be reconciled with each other and with laws in other countries to 
    provide effective protection for consumers engaged in electronic 
    commerce with foreign businesses?
    
    Electronic Contracts
    
        9. To what extent do existing laws, conventions, treaties, or 
    practices governing contracts provide effective protection for 
    consumers engaged in electronic commerce with foreign businesses? To 
    what extent do they need to be modified?
        10. Given that electronic communications do not allow for 
    traditional written signatures, under what circumstances should 
    electronic signatures (or other technological means for a party to 
    express intent to be bound) be legally recognized and binding?
        11. How should the burden of proof and risk of loss be allocated 
    with respect to potentially fraudulent uses of electronic signatures?
    
    International Requirements
    
        12. What are the minimum protections that should be available to 
    consumers in the global electronic marketplace?
        a. To what extent are businesses required to provide disclosures to 
    consumers? To what extent should they be?
        b. To what extent are mechanisms in place that enable consumers to 
    complain about the practices of foreign businesses? To what extent 
    should there be?
        c. To what extent is there a time period during which consumers can 
    rescind agreements entered into with foreign businesses (also referred 
    to as a ``cooling-off period'')? To what extent should there be?
        d. To what extent are there mechanisms in place that enable harmed 
    consumers to obtain redress from foreign businesses? To what extent 
    should there be?
        e. Under what circumstances and to what extent are consumers using 
    electronic payment methods, i.e. credit, debit, or stored-value cards, 
    entitled to have their accounts credited (also referred to as ``charge-
    backs'')? To what extent should they be?
        f. To what extent is there a need for uniform consumer protection 
    requirements or harmonized consumer protection laws?
        13. To what extent is there a need for international dispute 
    resolution procedures or tribunals for consumers engaged in electronic 
    commerce with foreign businesses?
    
    Law Enforcement Agencies
    
        14. What is the proper role for law enforcement agencies in 
    providing
    
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    effective protection for consumers engaged in global electronic 
    commerce?
        15. To what extent do private actions provide effective protection 
    for consumers engaged in electronic commerce with foreign businesses?
        16. To what extent do existing laws, conventions, treaties, or 
    practices with respect to the sharing of information among law 
    enforcement agencies in different countries provide effective 
    protection for consumers engaged in global electronic commerce? To what 
    extent do they need to be modified?
        17. To what extent do existing laws, conventions, treaties, or 
    practices with respect to the coordination of law enforcement 
    activities between different countries provide effective protection for 
    consumers engaged in global electronic commerce? To what extent do they 
    need to be modified?
        18. To what extent is there a need for international dispute 
    resolution procedures or tribunals for law enforcement agencies seeking 
    to protect consumers engaged in electronic commerce with foreign 
    businesses?
    
    Consumer and Business Education
    
        19. What steps have been, and should be, taken to educate consumers 
    about the global electronic marketplace?
        20. What steps have been, and should be, taken to educate business 
    about consumer protection in the global electronic marketplace?
    
    Industry Members
    
        21. How does the provision of effective protection for consumers in 
    the global electronic marketplace benefit industry members?
        22. How does the provision of effective protection for consumers in 
    the global electronic marketplace present challenges to industry 
    members?
        23. To what extent do/will the benefits and challenges industry 
    members experience with respect to consumer protection in the global 
    electronic marketplace differ from those experienced in the traditional 
    marketplace?
        24. To what extent do/will industry-led self-regulatory programs 
    provide effective protection for consumers in the global electronic 
    marketplace?
    
    Development of the Global Electronic Marketplace
    
        25. How much and how quickly will electronic commerce grow over the 
    next five years?
        a. What developments will spur its growth?
        b. What developments will hinder its growth?
        26. How will electronic commerce change over the next five years?
        a. What will be the demographics of consumers and businesses 
    engaged in electronic commerce?
        b. What types of products and services will be sold electronically?
        27. To what extent do/will new marketing techniques made possible 
    by technological developments affect consumer protection?
        28. To what extent do/will technological developments enable 
    consumers to protect themselves?
    
    Workshop
    
        29. What should be the primary focus and scope of the Commission's 
    initial public workshop on ``U.S. Perspectives on Consumer Protection 
    in the Global Electronic Marketplace?''
        30. Which interests should be represented at the Commission's 
    initial public workshop on ``U.S. Perspectives on Consumer Protection 
    in the Global Electronic Marketplace?''
    
        Authority: 15 U.S.C. 41 et seq.
    
        By direction of the Commission.
    Donald S. Clark,
    Secretary.
    [FR Doc. 98-33281 Filed 12-15-98; 8:45 am]
    BILLING CODE 6750-01-P
    
    
    

Document Information

Published:
12/16/1998
Department:
Federal Trade Commission
Entry Type:
Notice
Action:
Initial Notice Requesting Academic Papers and Public Comment and Announcing Public Workshop.
Document Number:
98-33281
Dates:
Papers and written comments are requested to be submitted on or before February 26, 1999. The workshop will be held during the spring of 1999.
Pages:
69289-69291 (3 pages)
PDF File:
98-33281.pdf