1. Public Policy & the Internet
The role of public policy
Policy issues in the Internet
environment

2. Why do we need policy? Relevant for the central exchange environment
Representative issues - new problems
Marketers - privacy
Consumers - fraud
Policy is reactive and proactive
Reactive when problems occur
Proactive for consumer education
Coupey

3. The policy/marketing relationship
A history of policy
From 1914 to now
Early focus on marketer protection
Consumerism in the 1960’s
New issues with the Internet
The mandate for policy
A balancing act
Protection for marketers and consumers
Coupey

4. Making policy happen Who is responsible?
Government agencies
Legislative bodies
Industry (self-regulation)
Consumer groups
General approaches for policy implementation
How do policy issues get raised?
How do policy issues get resolved?
What are the desirable characteristics of regulation?
Coupey

5. Policy issues for the Internet
Marketer issues
Jurisdiction and liability
Copyright
Taxation
Verification (identity and age)
Security
Consumer issues
Privacy
Fraud
Access
Information use
Coupey

6. Copyright in a digital world
Author’s rights to allow or forbid use of work
Patrimonial (for profit)
Moral
Requirements for copyright protection
Original work (idea and expression)
Fixed “in a tangible medium of expression”
==> is the Internet tangible?
User’s rights: exceptions
Fair use, , FTP, WWW
Coupey

7. Freedom of expression Two sided: to provide and to get information
Internet increases the consequences
Law provides limits
Defamation (harm to reputation)
==> Internet increases spread of communication
==> What is the affected community on the ‘net?
Fighting words (encouraging lawlessness)
Pornography(sort of…)
State-based legislation
Overturn of the Comm. Dec. Act
Coupey

8. Keeping information private
Privacy as a basic value
Keeping things secret
From government agencies
Constitutional right applies to the Internet
Elec. Comm. Priv. Act -- get a warrant!
From private parties
Can’t intercept interstate
Messy: common law conflicts with constitution right
From computer-based data processing
Greater restraint for public than for private sector
International transfers?
Coupey

9. Advertising regulation
Playing by the usual rules
Product regulation: e.g., alcohol and tobacco
Audience regulation: protect vulnerable consumers
Method regulation: don’t lie, don’t fib (FTC)
Integrating the Internet
Advertising issues
Active v. passive audiences (voluntary acquisition)
solicitations (like mail, or fax?)
Promotional offers (matching restrictions on offers across national borders)
Coupey