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REGULATION OF E-COMMERCE AND THE INTERNET. Presented by Andy Strenio Vienna , Austria October 13, 2000. REGULATION OF E-COMMERCE AND THE INTERNET. Antitrust Issues Consumer Protection and Privacy Issues Recent Experience and Forecasts. REGULATION OF E-COMMERCE AND THE INTERNET.
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REGULATION OF E-COMMERCE AND THE INTERNET Presented by Andy Strenio Vienna , Austria October 13, 2000
REGULATION OF E-COMMERCE AND THE INTERNET • Antitrust Issues • Consumer Protection and Privacy Issues • Recent Experience and Forecasts
REGULATION OF E-COMMERCE AND THE INTERNET • New U.S. Antitrust Guidelines for Collaborations Among Competitors Released in April 2000 • Dual Jurisdiction Between U.S. Department of Justice and the Federal Trade Commission • Rules of Thumb • Gray Areas
REGULATION OF E-COMMERCE AND THE INTERNET • FTC B2B Workshop Held in June 2000 • Overview of the Sessions • Favorable View of B2B Operations Generally • Unanswered Questions
REGULATION OF E-COMMERCE AND THE INTERNET • Initial Determinations by the U.S. Antitrust Authorities • Covisint Joint Purchasing Green Light in September 2000 • Orbitz Joint Sales Still Awaiting Justice Department Word
REGULATION OF E-COMMERCE AND THE INTERNET • Concentration Concerns • TimeWarner-AOL Review at the FTC • Vertical Market Power? • Round One: TimeWarner v. Disney • First Amendment Speech/FCC Sensitivities
REGULATION OF E-COMMERCE AND THE INTERNET • Consumer Alarms • U.S. Senate Commerce Committee Hearings • Media Spotlight and Market Reactions • FTC and NAAG Investigations: • Deception • Loss of Privacy
REGULATION OF E-COMMERCE AND THE INTERNET • September 1999 Poll Results: • Terrorism • World War • Global Warming • Loss of Privacy
REGULATION OF E-COMMERCE AND THE INTERNET • Recent U.S. Governmental and Industry Initiatives • FTC Advertising Principles Applied to Cyberspace • Aggressive FTC Enforcement: • Toysmart Consent Decree • Online Privacy Protection for Children • $10,000/e-mail • FTC and Industry Alliance Agreement As “Last Chance”
REGULATION OF E-COMMERCE AND THE INTERNET • U.S. Privacy Principles: • Notice--explain what information is collected and how it will be used • Consent--allow consumers to opt-out • Access--allow consumers to inspect collected information and make corrections • Security--maintain security of personal information collected from consumers
REGULATION OF E-COMMERCE AND THE INTERNET • Additional U.S. Legal Considerations • Privacy Torts/Class Action Risk for Negligent Failure to Protect Personal Information • Other Legislation: • Electronic Communications Privacy Act • Fair Credit Reporting Act • Gramm-Leach-Bliley • Health Insurance Portability and Accountability Act • States Not Pre-empted in Many Instances
REGULATION OF E-COMMERCE AND THE INTERNET • The Sword of Damocles: EU Privacy Directive • Substantial Penalties for Non-Complying U.S. Firms • Cut-off of Data Flows from the EU • Foreign Affiliates Subject to Monetary Damages
Interim Privacy Safe Harbor Notice Consent Onward Transfer Security Data Integrity Access (But Risk!) Enforcement BBB Online/TRUSTe REGULATION OF E-COMMERCE AND THE INTERNET
REGULATION OF E-COMMERCE AND THE INTERNET • Recent Experience • DoubleClick • Amazon.com--asset sales/dynamic pricing • Pharmaceutical Misadventures
REGULATION OF E-COMMERCE AND THE INTERNET • Forecasts • New U.S. Legislation Inevitable: COPPA for All Websites? • U.S. Convergence with EU Approach • New Safeguards: • Internal or External Information Officer • Information Practices Audits
REGULATION OF E-COMMERCE AND THE INTERNET • Infamous Last Words: “You have zero privacy anyway. Get over it.” --Scott McNealy CEO, Sun Microsystems
