The Hindu Business Line : FTC gains more Net-policing powers

EVEN as debate on the governance of the Internet swirls in the wake of the United Nations (UN) World Summit for the Information Society held in Tunis during November 16-18, the US Senate Committee on Commerce, Science and Transportation has approved by unanimous consent the Undertaking Spam, Spyware, and Fraud Enforcement with Enforcers Beyond Borders Act of 2005 to give the Federal Trade Commission (FTC) enhanced policing powers over the Internet and facilitate the sharing of information about spammers and other miscreants with foreign governments on a reciprocal basis.

The Bill will now proceed to the full Senate for its consideration.

In essence, the legislation will upgrade FTC's existing powers so that it can combat "unfair or deceptive practices" on the Net that are likely to cause "foreseeable injury" on American soil or involve conduct in the US: cross-border spam, spy ware, telemarketing fraud and so on.

Provisions of the legislation

Prevent notifying subjects of investigations if they may be likely to destroy evidence or move assets offshore;

Protect entities from liability for voluntary disclosures to the FTC relating to suspected fraud and deception, increasing the likelihood of such disclosures from third parties;

Assist the FTC track proceeds of fraud and deception sent through US banks to foreign jurisdictions so they can be returned to victims;

Avoid challenges to FTC jurisdiction issues and encourage the full range of remedies for US consumer victims in foreign courts;

Allow the FTC to work with the Department of Justice to increase the resources relating to FTC-related foreign litigation, such as freezing foreign assets and enforcing US court judgments abroad; and

Authorise the FTC to share information with foreign authorities which treat consumer fraud and deception as a criminal law enforcement issue.

In the US, these provisions have been opposed by civil liberties groups on the grounds that the wording of the legislation is excessively broad and, therefore, does not provide any safeguard against privacy intrusions and impinges on their right to file Freedom of Information Act requests about the FTC's activities in that area.

As for Netizens, they haven't got around to figuring out the implications of the proposals as yet.