Name:
UNDERTAKING SPAM, SPYWARE, AND FRAUD
WITH ENFORCERS BEYOND BORDERS ACT OF
2006
U.S. SAFE WEB Act of 2006
URL's to Act:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=109_cong_public_laws&docid=f:publ455.109.pdf
Passed Senate on March 16, 2006
Passed House of Representatives on December 9, 2006
Signed into law by the President on December 22, 2006
Became Public Law No: 109-455
The SAFE WEB Act of 2006 was created to provide a process for exchanging information with foreign entities as part of the criminal investigative and judicial processes that have developed in the digital age. Just as the internet recognizes no borders in the exchange of information between its users, so to does the judicial systems need to adapt to new ways of exchanging information. The act summarized here provides destinct provisions for domestic entities to work with and exchange information with foreign entities. It further provides for flexibility and exemptions of domestic laws to the extent specified in order to facilitate the information exchange.
Section 3: Availability of Remedies
Federal Trade Commission Act 15 U.S.C. 45(a) is ammended to include protection for acts or practices involving foreign commerce under the unfair or deceptive acts or practices that:
1. cause or are likely to cause reasonably foreseeable injury within the United States
2. involve material conduct occurring within the United States
The Federal Trade Commission (FTC) can include restitution to domestic or foreign victims.
Section 4: Powers of the Commission
- The FTC is authorized to communicate with foreign entities provide a written request is made.
- The disclosure of information to foreign entity may be considered emune to violation of U.S. laws.
- The FTC is not able to take action or excercise any power with respect to a bank, savings and loan institution, or federal credit union.
FTC further directed
1. evidence of federal criminal law violation is communicated to U.S. Attorney General
2. memoranda with foreign entity that evidence collected from foreign entities may be used for U.S. criminal law proceedings
Section 5: Representation in foreign litigation
This covers legal counsel involved in litigation of FTC interests in foreign courts.
Section 6: Sharing information with foreign law enforcement agencies
This covers the chain of custody of evidence handled by the FTC and exempts public disclosure under the Freedom of Information Act.
Section 7: Confidentiality; delayed notice of process
The FTC will be subject to the Right of Financial Privacy Act with the following specifications.
1. conditions relating to procedures for delay of notification or prohibition of disclosure of information obtained in connection with compulsory process where the recipient is not a subject of the investigation
2. venue and procedures for ex parte proceedings
3. inapplicability to an investigation or proceeding related to the administration of federal or foreign antitrust laws
The FTC is not liable under U.S. law for failure to provide notice even if required.
Section 8: Protection for voluntary provision of information
Shields from liability
1. voluntary providers disclosing information to the FTC
2. certain financial institutions, foreign and domestic, disclosing information to the FTC
Section 9: Staff exchanges
FTC authorized to
1. retain employees of foreign government agencies on a temporary basis
2. detail FTC employees to work for foreign agencies
3. accept payment from foreign or domestic entities for expenses
Section 14: Report
The FTC is required to report to Congress actions taken under this act and recommendations for changes.
UNDERTAKING SPAM, SPYWARE, AND FRAUD
WITH ENFORCERS BEYOND BORDERS ACT OF
2006
U.S. SAFE WEB Act of 2006
URL's to Act:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=109_cong_public_laws&docid=f:publ455.109.pdf
- Overview:
- Background and Description:
Passed Senate on March 16, 2006
Passed House of Representatives on December 9, 2006
Signed into law by the President on December 22, 2006
Became Public Law No: 109-455
The SAFE WEB Act of 2006 was created to provide a process for exchanging information with foreign entities as part of the criminal investigative and judicial processes that have developed in the digital age. Just as the internet recognizes no borders in the exchange of information between its users, so to does the judicial systems need to adapt to new ways of exchanging information. The act summarized here provides destinct provisions for domestic entities to work with and exchange information with foreign entities. It further provides for flexibility and exemptions of domestic laws to the extent specified in order to facilitate the information exchange.
- Holding:
Section 3: Availability of Remedies
Federal Trade Commission Act 15 U.S.C. 45(a) is ammended to include protection for acts or practices involving foreign commerce under the unfair or deceptive acts or practices that:
1. cause or are likely to cause reasonably foreseeable injury within the United States
2. involve material conduct occurring within the United States
The Federal Trade Commission (FTC) can include restitution to domestic or foreign victims.
Section 4: Powers of the Commission
- The FTC is authorized to communicate with foreign entities provide a written request is made.
- The disclosure of information to foreign entity may be considered emune to violation of U.S. laws.
- The FTC is not able to take action or excercise any power with respect to a bank, savings and loan institution, or federal credit union.
FTC further directed
1. evidence of federal criminal law violation is communicated to U.S. Attorney General
2. memoranda with foreign entity that evidence collected from foreign entities may be used for U.S. criminal law proceedings
Section 5: Representation in foreign litigation
This covers legal counsel involved in litigation of FTC interests in foreign courts.
Section 6: Sharing information with foreign law enforcement agencies
This covers the chain of custody of evidence handled by the FTC and exempts public disclosure under the Freedom of Information Act.
Section 7: Confidentiality; delayed notice of process
The FTC will be subject to the Right of Financial Privacy Act with the following specifications.
1. conditions relating to procedures for delay of notification or prohibition of disclosure of information obtained in connection with compulsory process where the recipient is not a subject of the investigation
2. venue and procedures for ex parte proceedings
3. inapplicability to an investigation or proceeding related to the administration of federal or foreign antitrust laws
The FTC is not liable under U.S. law for failure to provide notice even if required.
Section 8: Protection for voluntary provision of information
Shields from liability
1. voluntary providers disclosing information to the FTC
2. certain financial institutions, foreign and domestic, disclosing information to the FTC
Section 9: Staff exchanges
FTC authorized to
1. retain employees of foreign government agencies on a temporary basis
2. detail FTC employees to work for foreign agencies
3. accept payment from foreign or domestic entities for expenses
Section 14: Report
The FTC is required to report to Congress actions taken under this act and recommendations for changes.
- Footnotes: