Federal Register / Vol. 66, No. 30 / Tuesday, February 13, 2001 / Notices 10011

Dated: February 6, 2001.

Dennis Puccinelli,

Executive Secretary.

[FR Doc. 01–3640 Filed 2–12–01; 8:45 am]

BILLING CODE 3510–DS–P

FEDERAL TRADE COMMISSION

DEPARTMENT OF COMMERCE

National Telecommunications and

Information Administration

Request for Comment and Notice of

Public Workshop: Electronic

Signatures in Global and National

Commerce Act

AGENCIES: Federal Trade Commission,

and the National Telecommunications

and Information Administration,

Department of Commerce.

ACTION: Notice requesting public

comment and academic papers and

announcing public workshop.

SUMMARY: Section 105(b) of the

Electronic Signatures in Global and

National Commerce Act (‘‘ESIGN’’ or

‘‘the Act’’), Public Law 106–229, 114

Stat. 464 (2000), requires the Federal

Trade Commission (‘‘FTC’’ or ‘‘the

Commission’’) and the Secretary of

Commerce to study and report to

Congress on the benefits and burdens of

requiring consumer consent to receive

information electronically pursuant to

§ 101(c)(1)(C)(ii). In connection with

preparing this report, the FTC and the

National Telecommunications and

Information Administration (‘‘NTIA’’)

seek public comment and academic

papers and plan to hold a public

workshop to inform this study.

DATES: Written comments and papers

are requested to be submitted on or

before March 16, 2001. The workshop

will be held on April 3, 2001, from 8:30

a.m. until 5:00 p.m., at the Federal

Trade Commission, 600 Pennsylvania

Avenue, NW., Washington, DC 20580.

ADDRESSES: Six hard copies of each

written comment or paper should be

submitted to: Secretary, Federal Trade

Commission, Room H–159, 600

Pennsylvania Ave., NW., Washington,

DC 20580. An additional copy of written

comments should be sent to: Sallianne

Fortunato, National

Telecommunications and Information

Administration, Room 4716, 14th Street

and Constitution Avenue, NW.,

Washington, DC 20230. Alternatively,

comments and papers may be submitted

to the following email addresses: ‘‘esignstudy@ftc.gov’’ and ‘‘esignstudy@ntia.doc.gov.’’ The content of any

comments or papers submitted by email

should be organized in sequentially

numbered paragraphs. All submissions

should be captioned ‘‘ESIGN StudyComment P004102.’’

To enable prompt review and

accessibility to the public, written

comments and papers also should be

submitted to the FTC, if possible, in

electronic form, on a 31⁄2 inch computer

disk, with a label stating the name of the

person or entity submitting the

comment 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.

Individual members of the public filing

comments need not submit multiple

copies or comments in electronic form.

Written comments and papers will be

available for public inspection in

accordance with the Freedom of

Information Act, 5 U.S.C. 552, and

Commission regulations, 16 CFR 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, NW.,

Washington, DC 20580. The

Commission will make this notice and,

to the extent possible, all comments or

papers received in electronic form in

response to this notice available to the

public through the Internet at the

following addresses: http://www.ftc.gov

and http://www.ntia.doc.gov.

FOR FURTHER INFORMATION: For questions

about this request for comment and

academic papers and notice of public

workshop, contact: April Major,

Attorney, Division of Marketing

Practices, Bureau of Consumer

Protection, Federal Trade Commission,

600 Pennsylvania Avenue, NW.,

Washington, DC 20580, telephone 202–

326–2972; Marianne Schwanke,

Attorney, Division of Marketing

Practices, Bureau of Consumer

Protection, Federal Trade Commission,

600 Pennsylvania Avenue, NW.,

Washington, DC 20580, telephone 202–

326–3165; or Sallianne Fortunato,

Telecom Policy Analyst, Office of Policy

Analysis and Development, National

Telecommunications and Information

Administration (NTIA), Room 4716,

U.S. Department of Commerce, 14th

Street and Constitution Avenue, NW.,

Washington, DC 20230, telephone 202–

482–1880.

SUPPLEMENTARY INFORMATION:

I. Background: Electronic Signatures in

Global and National Commerce Act

On June 30, 2000, Congress enacted

ESIGN to facilitate the use of electronic

records and signatures in interstate or

foreign commerce and to remove

uncertainty about the validity of

contracts entered into electronically.

Under the Act, businesses that are

required to provide or make available

information to consumers in writing

may provide consumers with that

information using electronic records

only if the consumer affirmatively

consents in a manner that reasonably

demonstrates the consumer’s ability to

access the electronic record. The Act

requires the Secretary of Commerce and

the Federal Trade Commission to study

the burdens and benefits of this specific

consent requirement on consumers and

electronic commerce and submit a

report to Congress by June 30, 2001.

II. Statutory Language Requiring a

Report to Congress

The statutory language requiring the

Secretary of Commerce and the Federal

Trade Commission to submit a report to

Congress regarding the benefits and

burdens of requiring consumer consent

to electronic transactions is found in

§ 105 (b) of ESIGN and is set forth

below.

Sec. 105. Studies

* * * * *

(b) Study of Electronic Consent.—Within

12 months after the date of the enactment of

this Act, the Secretary of Commerce and the

Federal Trade Commission shall submit a

report to the Congress evaluating any benefits

provided to consumers by the procedure

required by section 101(c)(1)(C)(ii); any

burdens imposed on electronic commerce by

that provision; whether the benefits outweigh

the burdens; whether the absence of the

procedure required by section 101(c)(1)(C)(ii)

would increase the incidence of fraud

directed against consumers; and suggesting

any revisions to the provision deemed

appropriate by the Secretary and the

Commission. In conducting this evaluation,

the Secretary and the Commission shall

solicit comment from the general public,

consumer representatives, and electronic

commerce businesses.

The language of § 105(b) specifically

limits its scope to § 101(c)(1)(C)(ii)

which reads:

Sec. 101(c) Consumer Disclosures

(1) Consent to Electronic Records.—

Notwithstanding subsection (a), if a statute,

regulation, or other rule of law requires that

information relating to a transaction or

transactions in or affecting interstate or

foreign commerce be provided or made

available to a consumer in writing, the use

of an electronic record to provide or make

available (whichever is required) such

information satisfies the requirement that

such information be in writing if:

* * * * *

(C) the consumer—

* * * * *

10012 Federal Register / Vol. 66, No. 30 / Tuesday, February 13, 2001 / Notices

(ii) consents electronically, or confirms his

or her consent electronically, in a manner

that reasonably demonstrates that the

consumer can access information in the

electronic form that will be used to provide

the information that is the subject of the

consent.

* * * * *

In summary, if a statute, regulation, or

other rule of law requires information

relating to a transaction to be provided

or made available to a consumer in

writing, § 101(c) allows this information

to be provided or made available

electronically only if certain consumer

protection conditions are met. Section

101(c)(1)(C)(ii) is one such condition

and provides that the consumer must

consent electronically or confirm his or

her consent electronically, in a manner

that reasonably demonstrates the

consumer’s ability to access the

information.

Under § 105(b), the Federal Trade

Commission and the Secretary of

Commerce are tasked with submitting to

Congress a report that evaluates five

aspects of § 101(c)(1)(C)(ii). First, we

must assess the benefits to consumers of

the procedures required by

§ 101(c)(1)(C)(ii). Second, we are to

identify any burdens imposed by these

procedures. Third, we must balance the

benefits and burdens and discuss

whether the benefits outweigh the

burdens. Fourth, we are to consider

whether the absence of the consent

procedure would increase consumer

fraud. Finally, we are to suggest

improvements or changes to the

statutory language that we deem

appropriate.

III. Invitation To Comment

The FTC and NTIA request that

interested parties, including industry

members, electronic commerce

businesses, consumer representatives,

law enforcement, regulatory agencies,

and academics, submit written

comments on any issue of fact, law, or

policy that may inform the study of the

procedure required by § 101(c)(1)(C)(ii).

We invite comment on ESIGN generally

to inform our examination of the

narrower issues associated with the

consumer consent procedure found in

§ 101(c)(1)(C)(ii). 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 our examination.

Commenters are invited to discuss any

relevant issue, regardless of whether it

is identified below.

General Issues

1. How does the requirement of

section 101(c)(1)(C)(ii) of the ESIGN Act,

that businesses allow consumers an

opportunity to provide consumer

consent or confirmation of consent

electronically prior to providing

consumers electronic versions of

information, affect electronic

commerce? How will electronic

commerce be affected in the future by

this requirement?

2. What statutory changes, if any,

should be made to the ESIGN Act to

assist businesses and consumers in

domestic and/or international business

markets in implementing and adapting

to the consumer consent and consent

confirmation provisions under section

101(c)(1)(C)(ii) of the Act?

3. What, if any, are the benefits and

burdens to consumers and electronic

commerce resulting from the affirmative

consent provisions in the statute? Do

any such benefits outweigh any

burdens?

4. What, if any, improvements or

changes should Congress make to the

statutory language of section

101(c)(1)(C)(ii)?

5. Are there any additional issues that

should be considered during this study?

Business Issues

6. If your business provides

information electronically to consumers

that is required by law to be in writing,

do you request that consumers provide

electronic consent or confirm their

consent before the electronic

information is transmitted?

7. Describe in detail the method used

to obtain electronic consumer consent.

8. If you allow consumers to provide

electronic consent to receive legallyrequired information electronically,

please explain whether the electronic

consent practice of your business is a

result of section 101(c)(1)(C)(ii) of the

ESIGN Act. Explain any other legal basis

for this practice.

9. For what types of transactions do

you seek electronic consumer consent or

confirmation prior to sending

information electronically that is

required by law to be sent to consumers

in writing?

10. Provide an estimate of the

percentage of business transactions you

conduct per month that requires the

production of legally-required

information to consumers in written

form.

11. Does your business incur

additional costs directly related to

providing customers with the option of

electronically consenting to or

confirming the consent to receive

information electronically, whether or

not you provide the information

pursuant to section 101(c)(1)(C)(ii)?

12. Are there burdens associated with

providing information electronically to

consumers that is required by law to be

provided to them in written form? Are

there burdens associated with allowing

consumers to provide electronic consent

or confirmation of consent prior to

receiving the electronic information

from your business pursuant to section

101(c)(1)(C)(ii)?

13. Explain any economies or benefits

to your business resulting from the

distribution of information

electronically to consumers (e.g. storage,

administrative processing), whether or

not the information is provided

pursuant to section 101(c)(1)(C)(ii). Are

there economies or benefits related to

allowing customers to provide

electronic consent or confirmation of

consent prior to receiving electronic

information as required by ESIGN?

14. Do the benefits of providing

electronic versions of information that is

legally required to be provided in

writing outweigh the burdens of

allowing consumers an opportunity to

provide electronic consent or

confirmation of consent in order to

receive the information?

15. Describe any feedback you have

received from consumers or employees

regarding the electronic consumer

consent or confirmation procedures

your business employs, also specifying

whether the procedures are those

required by ESIGN or were in place

prior to ESIGN.

16. Describe the methods your

business uses to verify:

A. That a consumer’s consent or

confirmation demonstrates the

consumer’s ability to access the

requested information; and

B. That the electronic consents and

confirmations are provided by the

customers entitled to and intended to

receive the electronic information.

17. What method, if any, in addition

to the consent procedure in section

101(c)(1)(C)(ii) of the ESIGN Act could

be employed to prevent consumer

fraud? Would consumer fraud increase

in the absence of the consent procedure

of section 101(c)(1)(C)(ii)?

18. With regard to international

business transactions, explain whether

your company requests electronic

consumer consent or consent

confirmation prior to sending

information electronically that is

required to be provided to the consumer

in written form. If so, explain if the

method has had positive or negative

consequences in international

commerce.

Federal Register / Vol. 66, No. 30 / Tuesday, February 13, 2001 / Notices 10013

19. If your business does not provide

consumers the opportunity to receive

information electronically by sending an

electronic consent or consent

confirmation, explain why your

business does not provide this

opportunity. Discuss any

implementation problems.

Consumer Issues

20. As a consumer, how often do you

conduct electronic transactions in

which you request information

electronically or agree to receive legallyrequired information electronically?

21. Have you obtained information

electronically that was required by law

to be provided to you in writing? If so,

did the company or business provide an

opportunity for you to provide

electronic consent or confirm your

consent before sending an electronic

version of the information to you?

22. For an electronic transaction that

provided an opportunity for you to

submit electronic consent or consent

confirmation before you received the

information electronically, describe the

effect of the process on you as a

consumer. Were you made aware of any

legal requirements regarding your

options to receive the information in a

different manner, such as on paper? If

so, were you made aware of the legal

requirements before you consented or

confirmed your consent to receive the

information in an electronic format?

23. As a consumer, what are the

benefits, if any, of receiving electronic

versions of information required by law

to be provided in written form?

24. Explain whether the benefits of

receiving electronic versions of

information outweigh any burdens

associated with providing electronic

consent or consent confirmation prior to

receiving the information.

Technology Issues

25. Are software programs that enable

consumers to provide electronic consent

or consent confirmation to companies

readily available? Describe.

26. What technology or methods are

available that would enable companies

to verify that electronic consent or

consent confirmation is transmitted by

the specific persons entitled to receive

electronic information?

27. Please explain whether additional

technology is necessary to accomplish

either the electronic consumer consent

or company verification methods

discussed in Questions 25 and 26,

above.

28. Does the development of newer

technologies impact the implementation

of the consumer consent and consent

confirmation provisions of section

101(c)(1)(C)(ii) of the ESIGN Act? If so,

how.

IV. Public Workshop

Staff of the FTC and NTIA will

conduct a public workshop to discuss

issues raised by the comments received

in response to this notice. Notification

of interest in participating in the public

workshop should be submitted in

writing, separately from comments, to

April Major, Division of Marketing

Practices, Federal Trade Commission,

600 Pennsylvania Avenue, NW.,

Washington, DC 20580, or to Sallianne

Fortunato, Telecom Policy Analyst,

Office of Policy Analysis and

Development, National

Telecommunications and Information

Administration (NTIA), Room 4716,

U.S. Department of Commerce, 14th

Street and Constitution Avenue, NW.,

Washington, DC 20230. We will select a

limited number of parties from among

those who submit comments to

represent the significant interests

affected by the issues raised in the

notice. These parties will participate in

an open discussion of the issues,

including asking and answering

questions based on their respective

comments. In addition, the workshop

will be open to the general public. The

discussion will be transcribed and the

transcription placed on the public

record. The FTC and NTIA will consider

the views and suggestions made during

the workshop, in conjunction with the

written and email comments, in

formulating its report to Congress.

Parties will be selected on the basis of

the following criteria:

1. The party submits a comment

during the comment period.

2. During the comment period the

party notifies FTC or NTIA of its interest

in participating in the workshop.

3. The party’s participation would

promote a balance of interests being

represented at the workshop.

4. The party’s participation would

promote the consideration and

discussion of a variety of issues raised

in this notice.

5. The party has expertise in activities

affected by the issues raised in this

notice.

6. The number of parties selected will

not be so large as to inhibit effective

discussion among them.

7. The party agrees to review the

comments of all of the other workshop

participants prior to the workshop.

The workshop will be held on April

3, 2001, from 8:30 a.m. until 5:00 p.m.,

at the FTC, 600 Pennsylvania Ave, NW.,

Washington, DC. Prior to that date,

parties selected will be provided with

copies of the comments from all other

participants selected to participate in

the workshop.

Public Participation

The workshop will be open to the

public and is physically accessible to

people with disabilities. To facilitate

entry to the Federal Trade Commission

building, please have a photo

identification available and/or a U.S.

Government building pass, if applicable.

Any member of the public wishing to

attend and requiring special services,

such as sign language interpretation or

other ancillary aids, should contact

Sallianne Fortunato at least three (3)

days prior to the meeting via the contact

information provided above.

Donald S. Clark,

Secretary, Federal Trade Commission.

Kathy D. Smith,

Chief Counsel, National Telecommunications

and Information Administration.

[FR Doc. 01–3609 Filed 2–12–01; 8:45 am]

BILLING CODE 6750–01–U

DEPARTMENT OF ENERGY

Environmental Management SiteSpecific Advisory Board, Idaho

AGENCY: Department of Energy.

ACTION: Notice of open meeting.

SUMMARY: This notice announces a

meeting of the Environmental

Management Site-Specific Advisory

Board (EM SSAB), Idaho. Federal

Advisory Committee Act (Pub. L. 92–

463, 86 Stat. 770) requires that public

notice of these meeting be announced in

the Federal Register.

DATES: Tuesday, March 20, 2001, 8:00

a.m.–6:00 p.m.; Wednesday, March 21,

2001, 8:00 a.m.–5:00 p.m.

Public participation sessions will be

held on: Tuesday, March 20, 2001,

12:15–12:30 p.m, 5:45–6:00 p.m.;

Wednesday, March 21, 2001, 11:45–

12:00 noon, 4:05–4:20 p.m.

These times are subject to change as

the meeting progresses. Please check

with the meeting facilitator to confirm

these times.

ADDRESSES: Doubletree Hotel

Downtown, 1800 Fairfax, Boise, Idaho

83702, (208) 344–7691.

FOR FURTHER INFORMATION CONTACT: Ms.

Wendy Lowe, INEEL Cab Facilitator,

Jason Associates Corporation, 477

Shoup Avenue, Suite 205, Idaho Falls,

ID 83402, Phone (208) 522–1662 or visit

the Board’s Internet home page at http:/

/www.ida.net/users/cab.

SUPPLEMENTARY INFORMATION:

Purpose of the Board: The purpose of

the Board is to make recommendations