US Secretary of Commerce William M. Daley has announced that the Clinton Administration is seeking public comments and suggestions concerning policies, laws or regulations that might create barriers to electronic commerce. "Our aim is to establish a legal framework that facilitates electronic commerce around the globe, to protect consumers and their privacy, and to enable everyone in our country to fully participate in this remarkable economic transformation," Daley said. "Some laws and regulations designed for the 'physical world' may not always work in cyberspace. We need to ensure that governments do everything possible to foster this revolution in opportunity, convenience, and choice, while providing on-line equivalents to important consumer protections we now have in the paper-based world."
Many of the laws now on the books pre-date the recent explosion in online commerce. For example, some licensing requirements or specific technical standards may unintentionally prevent some transactions from occurring online. On the other hand, the enquiry may find that the current rules in some areas continue to make sense.
In addition to soliciting public comments, the Clinton Administration will invite representatives from Federal agencies, and state and local governments to identify barriers to e-commerce, propose solutions, and identify opportunities for collaboration. Among other objectives, the enquiry seeks to identify on a priority basis which federal laws or regulations are inhibiting electronic commerce by small businesses and to suggest how they might be modified.
However, the terms of reference for the enquiry do not include important issues such as tax laws and regulations, the impact of international laws and treaties, the laws of countries other than the United States, and consumer protection laws, most of which are being investigated through separate forums. In the case of internet taxes, this issue is being considered in depth by the Advisory Commission on Electronic Commerce, which will meet again for the final time in March.
Submissions to the enquiry can be made via the web at http://www.ecommerce.gov/ebarriers/respond and are due by 17 March 2000.
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