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November 29, 1999
Electronic Commerce Task Force
Federal Trade Commission
Room 2009
14th and Constitution Avenue, N.W.
Washington, D.C. 20230
Re: Comment Regarding European Union Directive Safe Harbor
Dear Ladies/Gentlemen:
PrivacyBot.com is an independent privacy seal program that has applied for "safe harbor" status under the Children's Online Privacy Protection Act (15 USC 6501 et seq.).
We would like to submit this comment in response to FAQ 6 ("Self-Certification") and FAQ 7 ("Verification") under the separate "International Safe Harbor Privacy Principles" of November 15, 1999.
We are concerned these FAQs may be interpreted as requiring manual collection and data reporting methods. Specifically, both seem to require that annual statements be "signed" and submitted or be made available in tangible format. It might be argued this precludes electronic methods of collection, record-keeping and reporting.
When web sites join PrivacyBot and upon each annual renewal, they must "accept" an online registration form under which they agree to our detailed program guidelines. This creates a binding legal commitment and a valid electronic record of the transaction under state contract law. See e.g., UCITA, Section 2B-111 ("Manifesting Assent") and 2B-113 ("Legal Recognition of Electronic Records") and accompanying cases and commentary.
Our database will contain various information required by the FAQs, as well as a site's compliance history and aggregate reports showing the state of privacy on the web. It would be more efficient to make this available to Department staff in self-service reports over a secure web connection. This eliminates postage, manual processing costs and provides better information on demand. It also permits reports to be quickly adjusted as Department rules are refined.
For these reasons, we respectfully request that FAQs 6 and 7 permit electronic collection and reporting of the information to be supplied, as one alternative to paper-based documents and filings.
Sincerely,
John A. Newman, Esq. / Founder
legal@aol.com