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United States General Accounting Office: 
GAO: 

Report to the Ranking Senate Minority Member of the Joint Economic 
Committee: 

March 2002: 

International Electronic Commerce: 

Definitions and Policy Implications: 

GAO-02-404: 

Preface: 

The rapid growth in the use of Internet-based computer technologies 
over the past several years has significant implications for the 
United States. In particular, the ability to conduct business via the 
Internet has brought about important changes not only in the way 
companies do business with each other but also in the way they 
interact with consumers. The Internet allows businesses and consumers 
from different countries to interact as easily as if they were 
physically close to each other. This borderless aspect of 
international electronic commerce creates a wider marketplace that 
facilitates new transactions and business relationships. However, the 
potential for widespread adoption of international electronic commerce 
by businesses and consumers raises a number of questions, from the 
technical to the policy-related. These fall into several areas, 
including the following: (1) What is international electronic 
commerce? (2) What data on international electronic commerce (IEC) 
does the U.S. government collect? (3) What is being done to remove 
obstacles and facilitate consumer and business use of international 
electronic commerce? (4) What are some of the efforts being made to 
adapt the legal framework for international electronic commerce 
transactions? and (5) How do international trade agreements and 
negotiations address barriers to international electronic commerce? 
This report provides information on these emerging electronic commerce 
issues. 

Overview: 

Despite widespread use of the term "international electronic 
commerce," it has no commonly accepted definition. Different 
institutions use the term electronic commerce to describe different 
things. For example, some definitions imply use of the Internet, while 
others define electronic commerce more broadly to include transactions 
that involve devices such as facsimile (fax) machines, telephones, and 
computer-based systems. However, for measurement purposes, there is 
general agreement that the on-line commitment to sell a good or 
service is necessary for any transaction to be categorized as 
electronic commerce. International electronic commerce, as a subset of 
total electronic commerce, generally involves an on-line commitment to 
sell that results in the import or export of goods and services. 

The U.S government does not produce an official statistic for the 
value of international electronic commerce. Current government 
statistics for electronic commerce are drawn only from selected 
industries: namely, manufacturing, merchant wholesale trade, selected 
services, and retail trade. However, these statistics do not 
distinguish between domestic and international electronic commerce. 
Although statistics on international trade in goods and services cover 
many major types of international electronic commerce transactions, 
these statistics do not distinguish between electronic and traditional 
types of transactions. 

Policymakers are working on how to facilitate consumer use of 
international electronic commerce. They recognize that the adoption of 
international electronic commerce will depend in part on consumers' 
confidence that they will be treated fairly in on-line transactions 
and that their personal information will be protected. Therefore, the 
efforts to adopt international electronic commerce address the 
problems of coordinating consumer protection measures internationally 
and protecting data privacy on line. In addition, policymakers 
consider that ensuring the security of financial information on 
computer networks is important to ensuring consumer confidence, and 
that concerns about existing payment mechanisms for some international 
consumers is a challenge to the future growth of international 
electronic commerce. 

International electronic commerce also creates new challenges for the 
legal regimes governing cross-border commerce. For example, although 
international electronic commerce offers the potential to execute 
contracts electronically, only a few countries currently have laws in 
place that recognize the validity of the electronic signatures and 
contracts that would make this possible. Several U.S. government 
departments and agencies, as well as U.S. businesses and civil society 
groups, are working through international forums to adapt the existing 
legal, intellectual property, and taxation regimes to remove the 
obstacles that hinder international electronic commerce from thriving. 
However, many of these actions are still in the early stages. 

Finally, while the Internet facilitates electronic commerce across 
national boundaries, some steps in an electronic transaction still 
face physical or legal barriers at the frontier (such as delivering a 
physical product ordered on line). Ongoing trade negotiations are 
addressing barriers that reduce the efficiency of conducting business 
and consumer transactions in Internet services, information technology 
products, express shipments, and other components of international 
electronic commerce. 

We undertook this review at the request of the ranking Senate minority 
member of the Joint Economic Committee. As arranged with that office, 
unless the contents are publicly announced earlier, we plan no further 
distribution of this report until 30 days after its issue date. At 
that time, we will send copies to interested congressional committees 
and the Honorable Paul O'Neill, secretary of the treasury; the 
Honorable Donald Evans, secretary of commerce; the Honorable Colin 
Powell, secretary of state; the Honorable John Ashcroft, attorney 
general; and the Honorable Robert Zoellick, U.S. trade representative. 
Copies will also be made available to others upon request. 

In this report, we provide general information. For readers who are 
interested in more detailed information on the topics covered here, we 
have included relevant sources and Web site addresses. If there are 
any questions regarding this report, please contact Loren Yager at 
(202) 512-4347. Additional GAO contact and staff acknowledgments are 
listed in appendix IV. 

Signed by: 

Loren Yager: 
Director, International Affairs and Trade: 

[End of section] 

Contents: 

Preface: 

Section 1: Defining International Electronic Commerce: 

Section 2: Collecting U.S. Government Data on International Electronic 
Commerce: 

Section 3: Removing Obstacles and Facilitating International Electronic
Commerce: 

Section 4: Adapting Commercial and Legal Frameworks: 

Section 5: Addressing Barriers through International Trade Agreements 
and Negotiations: 

Appendixes: 

Appendix I: Objectives, Scope, and Methodology: 

Appendix II: Definitions and Measurement of Electronic Commerce: 

Appendix III: U.S. Government Collection of International Trade 
Statistics: 

Appendix IV: GAO Contact and Staff Acknowledgments: 

Related GAO Products: 

Tables: 

Table 1: U.S. Laws Governing Privacy of Personal Information: 

Table 2: Summary of Basic Principles of Data Privacy and Protection Laws
in the OECD Guidelines: 

Table 3: Limitations of Existing Payment Mechanisms: 

Table 4: Definition of Electronic Commerce: 

Figures: 

Figure 1: Estimates of U.S. International Electronic Commerce, 2000-
2004: 

Figure 2: U.S. Electronic Commerce Retail Sales, 1999-2001: 

Figure 3: eBay Net Revenue, 1997-2001: 

Figure 4: The U.S. Federal Trade Commission's Econsumer.gov on the 
Internet: 

Figure 5: The Internet Fraud Complaint Center on the Internet: 

Figure 6: Examples of Trustmarks for BBBOnline, SquareTrade, and CPA 
WebTrust: 

Figure 7: GAO's Privacy Statement on the Internet: 

Figure 8: Example of an Electronic Money Transaction: 

Figure 9: Proposed EU Approach for Collecting Value-added Tax on
Transactions Involving EU Citizens: 

Figure 10: Current Approach for Collecting Value-added Tax on EU 
Citizens: 

Figure 11: Time Line of WTO Agreements and Decisions Related to 
Electronic Commerce: 

Figure 12: Electronic Commerce as a Percentage of Total Retail Sales,
2000: An International Perspective: 

Figure 13: U.S. B-to-C Electronic Commerce Estimates, 1998-2000: 

Abbreviations: 

BEA: Bureau of Economic Analysis: 

EU: European Union: 

EDI: Electronic Data Interchange: 

FTAA: Free Trade Area of the Americas: 

FTC: Federal Trade Commission: 

IEC: International Electronic Commerce: 

OECD: Organization for Economic Cooperation and Development: 

NCCUSL: National Conference of Commissioners on Uniform State Laws: 

UETA: Uniform Electronic Transactions Act: 

UNCITRAL: United Nations Commission on International Trade Law: 

USTR: U.S. Trade Representative: 

WIPO: World Intellectual Property Organization: 

WTO: World Trade Organization: 

[End of section] 

Section 1: Defining International Electronic Commerce: 

International electronic commerce (IEC) involves cross-border 
transactions through computer networks. It is a subset of electronic 
commerce (E-commerce), which itself generally involves buying or 
selling on line. Definitions of IEC vary widely, although general 
agreement exists that an international electronic commerce transaction 
must involve an on-line commitment to sell a product that results in 
the import or export of goods or services. The value of IEC is not 
generally measured, as only one private research firm has made an 
estimate of its size. The estimate suggests that IEC accounts for a 
small portion of overall international trade. 

Q. How Is International Electronic Commerce Defined? 

There is no widely accepted, specific definition for international 
electronic commerce. Nevertheless, several government and private-
sector entities have developed functional definitions of electronic 
commerce so that they can collect useful statistics.[Footnote 1] These 
efforts have led to a general acceptance of transaction-based 
definitions, many of which require an on -line commitment to sell a 
good or service for an activity to be categorized as electronic 
commerce. In a transaction-based definition, electronic commerce is 
restricted to buying and selling, as distinct from conducting E-
business. E-business includes all aspects of on-line business 
activity-—purchasing, selling, tracking inventory, managing 
production, handling logistics, and supplying communications and 
support services. Therefore, international electronic commerce, as a 
subset of overall electronic commerce, can be generally defined as any 
transaction that involves an on-line commitment to purchase and 
results in the import or export of goods and services. 

Q. What Are Some Examples of International Electronic Commerce and Non-
electronic Commerce Transactions? 

Although a variety of definitions exist, the following transactions 
would likely be considered international electronic commerce, provided 
the on-line orders generate the cross-border movement of goods or 
services: (1) the purchase of a book ordered over the Internet from 
Amazon.com by a French customer, for delivery in Paris; (2) the 
reservation of a hotel room or rental car over the Internet by a U.S. 
citizen traveling to Italy; (3) the purchase of the rights to download 
software by a manufacturer in Moscow from a California-based company; 
or (4) the purchase of office supplies from a U.S. company, using an 
on-line auction service, for delivery to a business in Canada. 

Other E-business transactions that generate disagreement over whether 
they qualify as E-commerce under this definition include international 
transactions that (1) occur over non-Internet applications or private 
networks or (2) do not involve an on-line commitment to engage in a 
transaction. Examples of these transactions include (1) the conducting 
of research by a Mexican car dealership on car prices on the Web site 
of a Detroit-based manufacturer that leads to an off-line purchase; 
(2) the purchase of raw materials by a Belgium-based company from a 
U.S. manufacturer using the latter's private, interactive network; (3) 
the purchase of catalog items by a U.S. citizen from a London-based 
company using an interactive telephone system; and (4) the 
withdrawal of money from an automated teller machine in Nigeria from 
an offshore account in New York. 

See appendix II for a more detailed discussion of electronic commerce 
definitions. 

Q. What Is the Value of U.S. International Electronic Commerce? 

Forrester Research, an independent research firm that analyzes 
technological trends and their impact on business, industry, and the 
economy, estimates that U.S. on-line exports accounted for $7.4 
billion and on-line imports for $16.2 billion in 2000. These figures 
amount to just 0.69 percent of total U.S. exports and 1.12 percent of 
total U.S. imports. Forrester defines international electronic 
commerce as international trade in goods and services in which the 
buyer places the final order over the Internet. The U.S. government 
does not collect statistics specifically on international electronic 
commerce (see section 2), and Forrester Research, Inc., is the only 
research firm that produces estimates and forecasts for international 
electronic commerce.[Footnote 2] Although international electronic 
commerce accounts for a small fraction of international trade at 
present, Forrester predicts that international electronic commerce 
will experience rapid growth, ultimately making up 20.5 percent of 
total U.S. exports and 25.6 percent of total U.S. imports by 2004. 

Forrester Research's international electronic commerce forecasts for 
2000-2004 indicate that there was a small Internet trade deficit (the 
amount by which imports into the United States exceed exports from the 
United States) in 2000 and that even larger deficits will develop in 
subsequent years (see figure 1). Forrester's finding that on-line 
imports dominate on-line exports is consistent with existing aggregate 
trade patterns. At present, aggregate imports of goods and services 
exceed exports in U.S. trade. However, because there are no comparable 
official government statistics and GAO has not done a systemic 
analysis of Forrester's methodology, we cannot evaluate the 
reliability of these estimates. 

Figure 1: Estimates of U.S. International Electronic Commerce, 2000-
2004: 

[Refer to PDF for image: vertical bar graph] 

The graph depicts estimated Imports and Exports in billions of dollars 
for the calendar years 2000 through 2004. 

Source: Forrester Research, Inc. (2001). 

(See appendix II for a more thorough presentation and discussion of 
electronic commerce measurement, including the Census Bureau's 
electronic commerce measurement program.) 

[End of figure] 

Web sites for more information on electronic commerce measurement: 

U.S. Bureau of the Census: [hyperlink, http://www.census.gov/estats] 

eMarketer: [hyperlink, http://www.emarketer.com] 

[End of section] 

Section 2: Collecting U.S. Government Data on International Electronic 
Commerce: 

The Commerce Department's U.S. Census Bureau and Bureau of Economic 
Analysis (BEA) collect general trade statistics. The focus of these 
agencies' programs is on complete coverage of international 
transactions, not on separate data for international electronic 
commerce. Collecting such data is difficult, because electronic 
commerce is a recent and rapidly evolving phenomenon and because 
additional surveys would be needed. In some cases, the phenomenon 
would require agencies to reassess their methodologies and data-
gathering techniques and to devise new techniques to fill the gaps in 
their statistics. In other cases, the agencies would need to expand 
the detail collected on existing surveys of services and on the 
administrative records used to compile the statistics on goods. The 
Census and the BEA have been attempting to improve the quality of 
their aggregate international trade statistics. Over the last several 
years the BEA has added new surveys and made others mandatory to 
provide estimates of previously unreported services. 

Q. What Other Data Does the U.S. Government Collect on the Value of 
International Electronic Commerce? 

Currently, the United States collects no separate, official data on 
the value of international electronic commerce. The Census Bureau and 
the Bureau of Economic Analysis provide aggregate trade data but do 
not collect statistics specifically on international electronic 
commerce. (See appendix III for a discussion of international trade 
statistics collection.) The Census Bureau also conducts a measurement 
program that focuses on total electronic commerce activity in selected 
sectors of the U.S. economy. However, international electronic 
commerce statistics are not among the electronic commerce statistics 
that the bureau provides.[Footnote 3] In its measurement program, the 
bureau produces baseline measurements of electronic commerce, and some 
consider the Census Bureau to be the definitive source for this 
information. Figure 2 shows U.S. electronic commerce retail sales from 
1999 through 2001. These statistics show that electronic commerce 
represented only a small share (approximately 1 percent) of overall 
U.S. retail sales. U.S. Department of Commerce officials believe that 
the vast majority of electronic commerce transactions are captured in 
the aggregate international trade statistics. However, Commerce 
officials also acknowledge that some significant gaps may exist in the 
coverage of international transactions because of unresolved data 
collection challenges posed by international electronic commerce (see 
next question), and that ongoing efforts are necessary to ensure that 
the data collection system responds to new developments.[Footnote 4] 

Figure 2: U.S. Electronic Commerce Retail Sales, 1999-2001: 

[Refer to PDF for image: combination vertical bar and line graph] 

The graph depicts E-commerce in billions of dollars and total retail 
sales in percentage for the time period of 4th quarter 1999 through 
4th quarter 2001. 

Source: U.S. Bureau of the Census. 

[End of figure] 

Q. What Challenges Does International Electronic Commerce Present for 
Collecting Statistics? 

Collecting statistics on IEC poses several challenges, as listed below: 

* Accounting for the growth of low-value exports. The rise of 
electronic commerce may lead to an increase in the volume of low-value 
goods exports (valued at less than $2,500), including exports shipped 
out in small parcels through the postal service. Because the Census 
Bureau does not directly count low-value shipments but rather 
estimates them on the basis of information from 1989, this export-
undercounting problem is likely to intensify (see appendix III for a 
discussion of low-value shipments and the undercounting problem). 
[Footnote 5] 

* Dealing with transactions that are underreported. International 
electronic commerce, if it leads to an increase in small-scale 
services, may exacerbate problems with collecting data on service
transactions that fall below the threshold requirements set by the BEA 
for businesses reporting on their transactions. For several types of 
services, such as legal services, the exemption levels are so high ($1 
million) that the BEA has to indirectly estimate some types of 
transactions. 

* Providing coverage for new services. Use of the Internet results in 
new, electronic commerce-related services that are not covered in 
current BEA surveys, such as on-line auction services. Figure 3 shows 
the steady increase in the net revenues of eBay Inc., an international 
on-line marketplace, from 1997 to 2001. Unless these electronic 
commerce activities fall within the scope of existing service 
categories, aggregate trade statistics may not include those 
transactions. For example, in 1989 BEA discovered an additional $20 
billion in net receipts for U.S. service transactions for 1985-1987 by 
improving the coverage of its surveys on travel and adding new surveys 
on other selected services.[Footnote 6] The BEA has added new Internet-
related services to its surveys as it has become aware of them, either 
as separate categories or as examples given in definitions and 
instructions for existing categories. Some new categories, including 
auction services, have been added to BEA surveys, beginning with data 
for 2001.[Footnote 7] 

Figure 3: eBay Net Revenue, 1997-2001: 

[Refer to PDF for image: vertical bar graph] 

The graph depicts net revenue in millions for the period of calendar 
years 1997 through 2001. 

Source: eBay, Inc. 

[End of figure] 

* Quantifying the amount of service transactions. Electronic commerce 
increases the output of "difficult-to-measure service sectors" such as 
the finance, insurance, and real estate industries. To the extent that 
the Internet facilitates international banking, insurance, and 
brokerage services as well as other on-line service activities, data-
collection will be more difficult. Electronic commerce may also result 
in an increase in transactions conducted by individuals and smaller 
companies that, according to BEA officials, are inherently difficult 
to survey in a detailed fashion.[Footnote 8] 

* Determining which transactions to record as international. 
Electronic commerce may result in transactions occurring between 
domestic and foreign parties that may not be recorded as international 
transfers. This situation may arise because it can become difficult at 
times to establish the residency of buyers and sellers of services 
over the Internet. As a result, U.S. companies and individuals may not 
be aware that they are conducting transactions with foreign parties. 
The BEA has attempted to mitigate this problem by adding new 
instructions to its existing surveys and indicating that Internet 
transactions are to be reported according to who is involved in the 
transactions, not according to where the buyer and seller are located. 

* Distinguishing between a good and a service. Electronic commerce 
also blurs the distinction between international goods and services. 
When a book or a magazine is transmitted electronically, has the 
person received a good or a service? Electronic books and magazines 
include features such as searching capabilities that may resemble 
services. While the distinction between goods and services has always 
been problematic, with electronic commerce the line can become even 
fuzzier. This issue affects domestic measurement as well. However, 
conventions have been adopted for data collection purposes. 
Electronically transmitted items do not pass through customs or enter 
into tabulations of goods trade, and are therefore collected in the 
BEA's surveys as trade in services. 

* Locating new service providers. Electronic commerce poses additional 
measurement challenges, because E-businesses can expand their product 
lines and enter into entirely new kinds of activities at a much faster 
rate than companies previously could do.[Footnote 9] Because the BEA 
must locate new service providers in order to survey them and to 
obtain trade information, identifying and monitoring electronic 
commerce imposes additional challenges to ensuring the 
comprehensiveness of international trade statistics. 

[End of section] 

Section 3: Removing Obstacles and Facilitating International 
Electronic Commerce: 

Although international electronic commerce provides consumers with 
many benefits, including a 24-hour global marketplace and convenient 
shopping from their own homes, it also may create new opportunities 
for fraud, abuse, and invasions of privacy. If buyers find that they 
do not have effective consumer protections, that their personal data 
are not safeguarded, that their transmissions are not secure, or that 
shopping on line is more cumbersome than purchasing off line, then 
they may be less likely to use the Internet to make purchases. For 
example, a 1998 survey found that 61 percent of those who had never 
made an on-line purchase cited concerns about credit card security as 
a reason.[Footnote 10] The United States, the European Union, and 
other government, business, and consumer interests have placed a high 
priority on fostering confidence in electronic commerce by addressing 
concerns in four areas: (1) on-line consumer protection, (2) data 
protection and privacy, (3) security, and (4) payment methods. 
However, constructing a coherent international framework for 
addressing these issues is challenging because national approaches 
differ and technologies continue to evolve. 

Q. How Does International Electronic Commerce Affect Consumer 
Protection Efforts? 

International electronic commerce complicates consumer protection 
activities because most efforts have traditionally focused on handling 
domestic complaints, providing enforcement, and disseminating 
education. Prior to the development of the Internet, most consumers 
did not directly interact with foreign retailers when making consumer 
purchases.[Footnote 11] Therefore, consumer protection activities did 
not require international coordination. However, as international 
electronic-commerce transactions increase, consumers may experience 
greater problems with fraud and deception from foreign-based 
enterprises. Although international consumer complaints still make up 
a small share of the total number of electronic commerce-related 
consumer complaints that the U.S. Federal Trade Commission (FTC) 
receives, the FTC has seen an increase in both the number and 
percentage of them in the past five years. To meet this growing 
challenge, efforts are under way to better coordinate activities among 
different countries' national authorities. In the following pages, we 
answer several questions related to how international electronic 
commerce complicates consumer protection efforts: 

* What is the U.S. government doing to foster on-line consumer 
protection internationally? 

* How has the private sector tried to promote consumer confidence?
•	What problems do consumers and businesses face in resolving on-
line disputes? 

* What alternatives exist outside of the court system for resolving 
international on-line disputes? 

Q. What is the U.S. government doing to foster online consumer 
protection internationally? 

The United States attempts to protect consumers on line by 
coordinating with other countries' authorities on education and 
enforcement. The Federal Trade Commission and the U.S. Department of 
Justice are the principal government agencies tasked with enforcing 
consumer protection laws and preventing fraud for domestic and 
international electronic commerce.[Footnote 12] Besides providing 
consumers with information on common Internet fraud schemes and tips 
for on-line shopping, the FTC and Justice also bring law enforcement 
actions to discourage fraud and deception on the Internet.[Footnote 
13] Both the FTC and Justice pursue Internet fraud cases regardless of 
whether they are domestic or international in scope. In addressing 
international electronic commerce issues, the United States 
collaborates with other national consumer protection and law 
enforcement agencies both bilaterally and through multilateral forums. 

On enforcement issues, the Federal Trade Commission participates with 
28 other countries in the International Marketing Supervision Network, 
which seeks to improve cooperation and information sharing among law 
enforcement agencies and to address deceptive international marketing 
practices. In 2001, the FTC began hosting a pilot Web site for 
consumers from the United States and 12 other countries in the Network 
to file electronic commerce complaints (http://www.econsumer.gov). 
[Footnote 14] Consumer protection and law enforcement agencies can use 
this site to track complaints and identify patterns of fraud. In 
addition, Justice (through the Federal Bureau of Investigation) and 
the National White Collar Crime Center (a national network for law 
enforcement agencies) jointly established the Internet Fraud Complaint 
Center (www.ifccfbi.gov) to receive on-line complaints, analyze them 
to identify the types of fraudulent schemes, and refer the complaints 
to law enforcement agents.[Footnote 15] (See figures 4 and 5 for the 
Internet home pages of both econsumer.gov and the Internet Fraud 
Complaint Center). 

Figure 4: The U.S. Federal Trade Commission's Econsumer.gov on the 
Internet: 

[Refer to PDF for image: web page] 

Source: Econsumer.gov at www.econsumer.gov. 

[End of figure] 

Figure 5: The Internet Fraud Complaint Center on the Internet: 

[Refer to PDF for image: web page] 

Note: The Internet Fraud Complaint Center is a joint effort of the 
Justice Department's Federal Bureau of Investigation and the 
independent National White Collar Crime Center. 

Source: The Internet Fraud Complaint Center at www.ifccfbi.gov. 

[End of figure] 

To coordinate consumer protection policies, the Federal Trade 
Commission and the Department of Commerce collaborate with the other 
30 member countries of the OECD in the Committee for Consumer Policy. 
In 1999, the OECD adopted international guidelines for consumer 
protection. According to the guidelines, online shoppers should be 
afforded protection that is not less than the protection afforded 
offline. Although not legally binding, the guidelines provide a 
blueprint for governments, the private sector, and consumers about 
fair business practices on line. The United States also has addressed 
coordination of international consumer protection through the Asia-
Pacific Economic Cooperation forum. This group of 21 economies from 
the Pacific Rim area, including Australia, China, Japan, and the 
United States, provides a forum for sharing information on government 
policies and is also currently developing a set of voluntary consumer 
protection principles. 

Q. How has the private sector tried to promote consumer confidence? 

Private-sector groups have been seeking ways to improve consumer 
confidence in electronic commerce through developing guidelines and 
codes of conduct for on-line transactions. Some businesses that comply 
with these principles can choose to post seals, or "trustmarks," on 
their Web sites indicating that they adhere to the principles. These 
trustmarks provide consumers with an indication of the types of 
policies with which a business complies and may increase consumers' 
confidence in dealing with a particular Web site. For example, the 
Better Business Bureau's BBBOnline (http://www.bbbonline.orgi) has a 
set of good business guidelines. If businesses comply with these 
guidelines, they can display the bureau's reliability seal on their 
Web site. Other organizations also provide trustmarks to enable 
businesses to demonstrate to potential customers that they abide by 
guidelines that promote fair business practices. Some examples shown 
in figure 6 are SquareTrade (http://www.squaretrade.com), and CPA 
WebTrust (http://www.cpawebtrust.orW).[Footnote 16] 

Figure 6: Examples of Trustmarks for BBBOnline, SquareTrade, and CPA 
WebTrust: 

[Refer to PDF for image: illustration] 

Note: The trustmarks shown above are graphical representations 
indicating a Web site's compliance with the providers' principles and 
criteria. They are reproduced here for illustrative purposes only. 

Source: BBBOnline, SquareTrade, and CPA WebTrust. 

[End of figure] 

Q. What problems do consumers and businesses face in resolving on-line 
disputes? 

Currently, consumers and businesses may face uncertainty in seeking 
legal redress for problems arising in electronic commerce. First, 
there are concerns about the appropriate jurisdiction to adjudicate 
the dispute: Can the consumer sue the business in the consumer's home 
court? Second, there are concerns about applicable law: Which 
country's laws will govern a cross-border E-commerce transaction? 
Finally, there are concerns about enforcement: Even if the consumer 
sues in his or her home court and obtains a favorable judgment, can 
the judgment be enforced against the business in its home country? 

There has been an ongoing public policy debate about the first two 
issues of jurisdiction and applicable law. 

U.S. courts generally allow consumers to sue businesses in the 
consumers' home forum, as long as it is fair and reasonable to do so. 
They also generally apply the consumers' home country law, based on 
the application of several factors. European law gives, if a number of 
requirements are met, consumers the right to sue businesses in the 
consumer's home country and for the consumer protection laws of the 
consumer's home country or key aspects of those laws to be applied in 
determining the dispute. 

Generally, consumer groups favor a "country of destination" approach, 
under which consumers can rely on their home country protections and 
sue in their home country courts. They argue that this is the only way 
to ensure adequate consumer protection. Some industry groups favor a 
"country of origin" approach, under which companies would be subject 
only to the laws and courts of their home country. They argue that 
this approach is needed to encourage the growth of electronic 
commerce, as the "country of destination" approach would be too costly 
for businesses. The U.S. government has been involved in discussions 
on these issues and has been promoting alternative dispute resolution 
as a method of providing practical and cost-effective dispute 
resolution for E-commerce transactions, and it continues to engage in 
the public policy debate on these issues. 

The issues of jurisdiction and enforcement of consumer judgments are 
being discussed in negotiations on a Hague Convention for Jurisdiction 
and Judgment Recognition. The negotiations under the Hague Conference 
have been under way for several years, and no deadline has been set 
for when they will be completed. 

Q. What alternatives exist outside of the court system for resolving 
international on-line disputes? 

Some organizations have been developing new mechanisms for resolving 
international on-line disputes between businesses and consumers 
outside of the court system. Given the costs and difficulties that 
both consumers and businesses face in pursuing international 
litigation, government, consumer, and business interests are 
discussing how to develop alternative dispute resolution mechanisms. 
The goal of these efforts is to create mechanisms that can provide 
practical and inexpensive redress for consumers without unduly 
burdening business. For example, a U.S. consumer who purchases a 
product from a French business and experiences a problem could file a 
complaint through an on-line alternative dispute resolution system. 
The complaint could be examined by a neutral third party, with the 
business responding on line, so that neither party has to travel. 
Currently, most on-line alternative dispute resolution mechanisms for 
consumers primarily address domestic complaints. However, some 
organizations have begun operating international alternative dispute 
resolution mechanisms, and others have announced plans to develop 
them.[Footnote 17] There have also been discussions in many forums on 
ways to promote and develop alternative dispute resolution mechanisms. 
Businesses and consumer groups tend to disagree on certain aspects of 
the mechanisms. For example, consumer groups argue that consumers 
should never be bound by the outcome of alternative dispute mechanisms 
and should always be permitted to go to court. Business groups 
disagree. Nevertheless, both businesses and consumer groups support 
voluntary alternative dispute resolution. 

Web sites for more information on consumer protection issues: 

U.S. Federal Trade Commission: 
[hyperlink, http://www.ftc.gov/ftc/consumer.htm] 

U.S. Department of Justice Internet Fraud: 
[hyperlink, http://www.usdolgov/criminal/fraud/Internet.htm] 

U.S. Department of Justice Consumer Litigation: 
[hyperlink, http://www.justice.gov/civil/ocl/index.htm] 

European Union Consumer Affairs: 
[hyperlink, http://www.europa.eu.int/comm/consumers] 

Organization for Economic Cooperation and Development: 
[hyperlink, http://www.oecd.org] 

Asia-Pacific Economic Cooperation: 
[hyperlink, http://www.apecsec.org.sg] and 
[hyperlink, http://www.apec.org] 

Hague Conference on Private International Law: 
[hyperlink, http://www.hcch.net] 

Q. How Does International Electronic Commerce Affect the Privacy of 
Personal Data? 

Technology has enhanced the capacity of on-line companies to collect 
and analyze vast amounts of data from and about consumers who visit 
their Web sites, which raises concerns about how this information is 
treated. Businesses worldwide routinely collect a variety of 
information about their customers in order to better understand their 
clients, target special offers, and improve their business operations. 
Whereas before the creation of the Internet, a company could track an 
individual customer's purchases, now a company can also track what a 
customer looks at by recording what pages of a Web site a customer 
chooses. Such information can be compiled with data from other sources 
to construct a profile of individual customers. The increase in the 
collection and use of data has raised public awareness and consumer 
concerns about on-line privacy.[Footnote 18] Governments have 
responded by using different approaches, including establishing and 
enforcing laws and regulations and encouraging business self-
regulation. However, these different approaches have led to different 
national standards and may create difficulties for companies that 
transmit personal data between operations located in different 
jurisdictions. In the following pages, we answer questions related to 
how international electronic commerce affects the privacy of personal 
data: 

* How does the United States foster the protection of individuals' 
personal data and privacy? 

* How does the EU's approach to data privacy differ from that of the 
United States? 

* What international principles exist for ensuring data protection? 

Q. How does the United States foster protection of individuals' 
personal data and privacy? 

The United States has generally promoted industry self-regulation, 
supplemented by government laws and regulation in certain sectors, as 
the best approach to ensuring data privacy in an evolving area like 
electronic commerce. Specifically, U.S. privacy laws provide 
protection for personal health and financial information and for all 
personal information about children (see table 1). However, different 
interests in the United States, including consumer groups, businesses, 
and various FTC commissioners, have debated the need for more 
comprehensive legislation. In some countries, these laws are 
comprehensive, covering all types of personal data; in other 
countries, such as the United States, the laws are specific to certain 
types of information. 

Table 1: U.S. Laws Governing Privacy of Personal Information: 

Name of law: Fair Credit Reporting Act (1970); 
Purpose of law: Covers communication of an individual's personal 
information by consumer reporting agencies (CRAs), such as credit 
bureaus. This was the nation's first major privacy protection law that 
seeks to strike a balance between privacy and the use of consumer 
information and allows for disclosure of information by CRAs only for 
"permissible purposes." The law provides consumers with avenues for 
learning the information about them in the files of CRAs, and for 
correcting erroneous information. 

Name of law: Health Insurance Portability and Accountability Act 
(1996); 
Purpose of law: Provides certain rights for consumers in terms of the 
use of their personal health information. 

Name of law: Identity Theft and Assumption Deterrence Act (1998); 
Purpose of law: Makes the FTC a central clearinghouse for identity 
theft complaints, which occur when an individual's personal 
information is used
fraudulently to create new financial accounts, such as credit cards.
Makes identity theft a federal crime with substantial penalties. 

Name of law: Children's On-line Privacy Protection Act (1998); 
Purpose of law: Prevents the collection of personally identifiable 
information from young children without their parents' consent. Self-
regulatory programs can set up their own compliance mechanisms for the 
act and apply to the FTC for safe harbor status. If approved for such 
status, companies that adhere to safe harbor programs will be deemed 
in compliance with the law. 

Name of law: Gramm-Leach-Bliley Act (1999); 
Purpose of law: Provides certain rights for consumers in terms of the 
use of their personal financial information, requires financial 
institutions to notify customers about their privacy practices, and 
allows consumers to "opt our of having their nonpublic personal 
information disclosed to nonaffiliated third parties. Also outlaws 
"pretexting" (calling a financial institution claiming to be a 
customer to get personal information). 

Note: Except for the Children's On-line Privacy Protection Act, the 
above laws are not specific to the Internet or international 
electronic commerce. However, these laws do affect how personal 
information is treated, including data transferred electronically. 

Source: The U.S. Federal Trade Commission and the Department of Health 
and Human Services. 

[End of table] 

In addition to these laws, the FTC can provide further protections to 
consumers under the 1914 FTC Act when businesses violate their own 
stated privacy statements. Many businesses state their privacy 
policies on their Web sites. In fact, the FTC and several business and 
consumer groups seek to have businesses post such privacy policies to 
provide consumers with information on their practices. For example, 
see figure 7 for the General Accounting Office's (GAO) privacy 
statement on the Internet. If a business violates its stated 
practices, the FTC may challenge the company for using deceptive 
business practices. Recently, the FTC has brought several legal 
actions against on-line companies who sold consumers' personal 
information in violation of their posted privacy policies.[Footnote 
19] The FTC has also brought a recent law enforcement action against a 
company that did not adhere to its stated privacy and security 
policies.[Footnote 20] The FTC has noted an increase in the number of 
on-line companies adopting and posting privacy policies, including the 
majority of the most popular websites. 

Figure 7: GAO's Privacy Statement on the Internet: 

[Refer to PDF for image: web page] 

Source: U.S. General Accounting Office at www.gao.gov/privacy.html. 

[End of figure] 

Q. How does the EU's approach to data privacy differ from that of the 
United States? 

In the European Union, data protection legislation is comprehensive, 
covering how a company in any field may collect, store, and process 
personal information. The 1995 EU Data Protection Directive became 
effective in 1998 and stipulates that if a company transfers personal 
information outside the European Union, the country in which the 
receiving company resides or the company itself must have adequate 
data protections in place.[Footnote 21] When the directive first came 
into force, there were concerns about how these requirements would 
affect data regularly transferred between U.S. and EU companies, 
because the United States has a different approach to privacy 
protection than the European Union has. Negotiations began between the 
European Commission and the U.S. Department of Commerce. A framework, 
known as the Safe Harbor, went into operation in 2000 to bridge the 
gap between the U.S. and EU approaches. 

The Safe Harbor framework allows data from subjects of EU member 
states to be transferred to U.S. companies that self-certify with the 
Department of Commerce that they comply with the Safe Harbor framework 
[see hyperlink, http://www.export.gov/safeharbor].[Footnote 22] The 
framework has allowed data transfers to continue between the United 
States and the European Union, and the functioning of the framework is 
currently under European Commission review. More than 150 companies 
have self-certified under the Safe Harbor framework, including 
Microsoft, Intel, Hewlett-Packard, Proctor & Gamble, and DoubleClick. 
The European Commission has also adopted its own draft of model 
contract clauses that could be used as an alternative means for U.S. 
companies to comply with the EU directive. However, the U.S. 
Departments of Commerce and the Treasury, as well as U.S. industry, 
have criticized the European Commission version as being overly 
burdensome for U.S. companies and not a practical alternative for 
ensuring compliance. The International Chamber of Commerce has 
proposed an alternative to the European Commission's clauses, but this 
alternative has not yet been certified by the European Commission. 
Several countries, including Canada, Australia, New Zealand, and 
Argentina, have also adopted comprehensive data privacy legislation. 
So far, the United States has not adopted agreements with these 
countries similar to the Safe Harbor framework with the European Union. 

Q. What international principles exist for ensuring data protection? 

Internationally, the 30 member countries of the Organization for 
Economic Cooperation and Development agreed in 1980 to the principles 
in the OECD's Guidelines Governing the Protection of Privacy and 
Transborder Flows of Personal Data (see table 2). These principles 
were developed by government agencies in the United States, Canada, 
and Europe. 

Table 2: Summary of Basic Principles of Data Privacy and Protection 
Laws in the OECD Guidelines: 

Principle: Notice/awareness; 
Definition: Data collectors (such as Web sites) should provide 
consumers with clear and conspicuous notice of their information 
practices, including what information they collect; how they collect 
it; how they use it; and how they provide choice, access, and security 
to consumers. 

Principle: Choice/consent; 
Definition: Data collectors should offer consumers choices about how 
their personal identifying information may be used beyond the use for 
which the information was provided (for example, to consummate a 
transaction). Consumers should have the choice of whether the 
information could be used internally, as well as whether it could be 
disclosed to outside firms. 

Principle: Access/participation; 
Definition: Data collectors should offer consumers reasonable access 
to the information a Web site has collected about them, including 
giving them a reasonable opportunity to review information and to 
correct inaccuracies or delete information. 

Principle: Integrity/security; 
Definition: Data collectors should take reasonable steps to protect 
the security of the information they collect from consumers. 

Principle: Enforcement/redress; 
Definition: Some entity should have authority to enforce the above 
principles, and
consumers should have avenues for redress when the principles are 
violated. 

Source: The U.S. Federal Trade Commission's summary of the basic 
principles embodied in the OECD guidelines [hyperlink, 
http://www1.oecd.org/dsti/sti/it/secur/prod/PRIV-EN.htm] and other 
privacy laws. 

[End of table] 

Specific legislation will vary on how countries implement the 
components. For example, on "choice/consent," the Gramm-Leach-Bliley 
Act requires financial institutions to provide customers the 
opportunity to "opt out" of having their nonpublic personal 
information shared with nonaffiliated third parties, with certain 
exceptions.[Footnote 23] If the individual does not respond to the 
opportunity, the company then may share the individual's personal 
information. The Children's On-line Privacy Protection Act, however, 
requires on-line companies to first gain the consent of the child's 
parent before collecting information. This is known as an opt in 
requirement. It is a more stringent privacy requirement than an opt 
out, because an individual is not required to do anything in order to 
keep his or her personal information from being collected. 

Web sites for more information on data privacy: 

U.S. Federal Trade Commission: 
[hyperlink, http://www.ftc.gov/privacy/index.html] 

U.S. Department of Commerce Safe Harbor Web site: 
[hyperlink, http://www.exportgov/safeharbor] 

European Union Data Protection: 
[hyperlink, 
http://www.europa.eu.int/comm/internal_market/en/dataprot/index.htm] 

Canadian Commissioner for Privacy: 
[hyperlink, http://www.privcom.gc.ca] 

Organization for Economic Cooperation and Development: 
[hyperlink, http://www.oecd.org] 

Q. How Does International Electronic Commerce Affect Security Efforts? 

There are several security threats to consumers' transactions that may 
affect consumer adoption of international electronic commerce. 
Criminals in foreign countries have successfully penetrated computer 
systems of major U.S. financial institutions, and numerous cases of 
credit, debit, and ATM card fraud, telemarketing fraud, and copyright 
piracy have caused significant losses for U.S. individual and 
corporate victims. Equally important as these well-publicized cyber 
attacks are traditional crimes committed by means of the Internet, 
such as theft of proprietary information and content, fraud, money 
laundering, and identity theft. Specifically, some of the challenges 
that law enforcement faces on the international front include 
improving cooperation in locating and identifying perpetrators across 
borders, securing electronic evidence of their crimes so that they may 
be brought to justice, and overcoming differences in countries' 
criminal laws. As with other aspects of international electronic 
commerce, jurisdictional issues arise at each step. In the following 
pages, we answer some questions related to how international 
electronic commerce affects security efforts: 

* What are some of the security challenges for IEC? 

* To what extent are new security arrangements for IEC being developed? 

* How are security challenges being addressed by the private sector? 

Q. What are some of the security challenges for IEC? 

* Cooperation. National laws apply to the Internet and other global 
networks. But while the enactment and enforcement of criminal laws 
have been, and remain, a national responsibility, the nature of modern 
communications networks makes it impossible for any country acting 
alone to address this emerging high-tech crime problem. For example, 
consider a computer hacker in Paris on the left bank of the Seine who 
disrupts a corporation's communications network on the right bank. 
Before accessing his victim's computer, he routes his communication 
through service providers in Romania, Australia, and Argentina. In 
this case, French police will need assistance from law enforcement 
authorities in Bucharest, Canberra, and Buenos Aires before 
discovering that the criminal is right in their midst. Because of the 
perishability of evidence and the mobility of people, evidence must be 
gathered quickly to minimize the chances that the data will be 
unavailable or lost. 

* Legislation. The failure of a country to criminalize computer-
related offenses is one such obstacle. When one country's laws 
criminalize certain activities on computers and another country's laws 
do not, effective cooperation in solving a crime and prosecuting the 
perpetrator may not be possible. The investigation of the "Love Bug" 
virus provides an example. Although U.S. investigators worked closely 
with investigators in the Philippines, international coordination 
would have proceeded more quickly and effectively had there existed 
common computer crime laws between the two countries. 

Q. To what extent are new security arrangements for IEC being 
developed? 

* Council of Europe. The U.S. government is working with foreign 
governments through many channels to address global threats related to 
computer crime. For example, the United States has participated in the 
drafting of the Council of Europe (COE) Convention on Cyber-Crime 
since the project began in 1997.[Footnote 24] Specifically, the United 
States, represented by the Departments of Justice, State, and 
Commerce, in close consultation with other U.S. government agencies, 
has actively participated in the negotiations in both the drafting and 
plenary sessions, working closely with both COE and non-COE member 
states. Among other non-COE states participating in the negotiations 
were Canada, Japan, and South Africa. 

By virtue of their having participated in the convention's 
elaboration, the United States and these other non-COE states will 
have the right to become parties to the convention if they choose to 
do so. On June 29, 2001, the Council of Europe released the final text 
of the draft Convention on Cyber-Crime, which is the first 
multilateral instrument to address the problems posed by the spread of 
criminal activity on computer networks. The Convention makes progress 
in this area by (1) requiring signatory countries to establish certain 
substantive offenses in the area of computer crime, (2) requiring 
parties to adopt domestic procedural laws to investigate computer 
crimes, and (3) providing a solid basis for international law 
enforcement cooperation in combating crime committed through computer 
systems. On November 23, the United States signed the treaty. 
Criminals, including terrorists, can cause large economic losses and 
threaten our infrastructure through computer-related attacks (for 
example, hacking, viruses, and denial-of-service attacks). Criminals 
around the world are also increasingly using computers to commit 
traditional crimes, such as fraud, child pornography, and copyright 
piracy. The Cybercrime Convention is expected to be of considerable 
benefit to the United States, because it will help remove procedural 
and jurisdictional obstacles to international cooperation that can 
delay or endanger law enforcement investigations and prosecutions of 
computer-related crime. 

* EU Forum. The European Commission intends to establish and chair an 
EU Forum, similar to forums that exist in certain EU member states. 
The EU-wide forum would bring together law enforcement agencies, 
service providers, network operators, consumer groups, and data 
protection authorities. Their aim would be to enhance cooperation by 
raising public awareness of the risks posed by criminals on the 
Internet, promoting best practices for information technology 
security, developing effective counter-crime tools and procedures, and 
encouraging further development of early warning and crisis management 
mechanisms. In addition, the European Commission promotes security and 
trust through a number of programs.[Footnote 25] 

* OECD Security Guidelines. The OECD has convened an Experts group to 
review the 1992 OECD Guidelines for the Security of Information 
Systems (the Security Guidelines). The Experts group is charged with 
the mission of reviewing the Security Guidelines and reporting their 
recommendations to the OECD Working Party on Information Security and 
Privacy (WPISP). Delegates to the Experts group include government 
representatives from OECD member countries and representatives of 
industry and consumer interests. The U.S. delegation is made up of 
representatives from the FTC and the Departments of State, Commerce, 
Justice, and the Treasury. The original Security Guidelines, adopted 
in 1992, were issued prior to the explosive growth of the Internet and 
E-commerce. Their provisions have become particularly relevant since 
the tragedies of September 11. 

Q. How are security challenges being addressed by the private sector? 

The private sector is trying to address security challenges through 
the use of security-enhancing technologies. For example, the common 
use of Secure Socket Layer (SSL) technology provides the benefit of 
encryption for information exchanged with certain Web sites. Software 
solutions to address security challenges include applications that 
look for patterns of questionable behavior or other indicators of 
irregularity. Address verification services (AVS), conducted by 
payment processors, help ensure that a payment cardholder's billing 
address matches the shipping address. Payment card companies have also 
tried to address security concerns. Visa has recently rolled out a new 
service to its U.S. customers that allows consumers to add personal 
passwords to existing Visa cards ("Verified by Visa"). Recently, some 
issuers have also introduced "disposable" card numbers that can be 
used only once. In addition, others use smart cards that embed card 
data in a microchip. 

Web sites for more information on security issues related to IEC: 

Council of Europe: 
[hyperlink, http://press.coe.int/cp/2001/893a(2001).htm] 

Council of Europe:
[hyperlink, 
www.coe.int/T/E/Communication_and_Research/Press/_Themes_Files/Cybercrim
e] 

U.S. Department of Justice: 
[hyperlink, www.cybercrime.gov/] 

Federal Trade Commission: 
[hyperlink, www.ftc.gov/bcp/menuinternet.htm] 

U.S. Department of Commerce: 
[hyperlink, www.ciao.gov/] 

National Institutes of Standards and Technology: 
[hyperlink, http://csrc.nist.gov/] 

Q. How Does International Electronic Commerce Affect International 
Payment Methods for Consumers? 

International electronic commerce gives consumers the ability to 
search for goods and services around the world. In some cases, 
however, consumers may have difficulty finding a reasonable way to pay 
for the product. American consumers are generally able to purchase 
goods from foreign sites using credit cards but may be deterred by 
security and fraud concerns (see the section on security). However, 
foreign consumers shopping for goods and services from U.S. sites are 
less likely to use credit cards and therefore may face expensive or 
time-consuming payment options that could deter purchases. In the 
following pages, we answer questions related to how the IEC affects 
international payment methods for consumers: 

* What are the limitations of existing payment mechanisms? 

* To what extent are new payment mechanisms for IEC consumer 
transactions being developed? 

Q. What are the limitations of existing payment mechanisms? 

As table 3 shows, traditional payment mechanisms can have significant 
limitations for low-value, international electronic commerce 
transactions. For example, a German consumer in Berlin can search for 
goods on a Web site from a small U.S. company based in Minnesota. But 
if the consumer finds a product he or she likes, how can he or she pay 
for it? Ideally, the German consumer would be able to send a payment 
to the U.S. company electronically. 

Table 3: Limitations of Existing Payment Mechanisms: 

Payment mechanism: Cash; 
Limitations: A U.S. retailer probably will not accept an envelope
full of euros, and it would be costly and time-consuming for a German 
consumer to exchange euros for dollars and then send the dollars via 
the mail. 

Payment mechanism: Check; 
Limitations: A U.S. company may not accept a check drawn on a foreign 
bank because of concerns about fraud and the possible extra expense of 
depositing a euro-denominated check in its local bank. 

Payment mechanism: Credit card; 
Limitations: A credit card could work, if a German consumer has one 
and a U.S. company accepts it. However, consumers in many other 
countries do not use credit cards as often as American consumers do. 
In addition, some U.S. on-line retailers will not accept foreign 
credit cards because of concerns about fraud. 

Payment mechanism: Wire transfer; 
Limitations: Most banks offer international wire transfers. However, 
the fees that banks charge for this service (typically $20—$40 per 
transaction) could exceed the cost of the item being purchased.[A] 

[A] A September 2001 EU study of 1,480 credit transfers of $93 found 
that the average fee within the European Union was $22.35. 

Source: GAO analysis. 

[End of table] 

Q. To what extent are new payment mechanisms for IEC consumer 
transactions being developed? 

The global reach of the Internet, combined with the limitations of 
existing payment mechanisms, creates market pressure for alternative 
ways to pay for purchases that can quickly, cheaply, and safely 
transfer small amounts of money across borders. However, the 
development of new, international, Internet-based payment systems is 
still in its early stages. For example, in November 2001, the Bank for 
International Settlements reported that so-called electronic money was 
in use or being planned in 82 countries.[Footnote 26] Most electronic 
money systems allow the user to add money to a smart card that can be 
used to purchase items from certain vendors. Some even allow users to 
"download" money to their cards or account via the Internet (see 
figure 8 below). However, most forms of electronic money cannot be 
used across borders. The few that do allow international purchases are 
generally linked to a preexisting credit card account. An official 
from the U.S. Federal Reserve Bank told us that E-money alternatives 
that are not linked to existing payment mechanisms face significant 
barriers to entry because of uncertainties about cost, potential 
market, and profitability.[Footnote 27] 

Figure 8: Example of an Electronic Money Transaction: 

[Refer to PDF for image: illustration] 

1) Consumer downloads funds from bank account. 

2) Consumer transfers funds to stored value card. 

3) Consumer purchases goods from merchant who accepts card. 

Source: GAO analysis. 

[End of figure] 

Because development of new international payment mechanisms is still 
in the very early stages of growth, discussion of the policy 
implications is largely based on speculation about what could happen 
in the future. Also, creating new forms of payment to ease 
international transfers of funds raises potential concerns about money 
laundering and the financing of international criminal activity. In 
fact, the ability of private companies to "issue" money or provide 
payment services could someday pose challenges to banking supervision 
and the applicability of banking laws.[Footnote 28] 

Web sites for more information on payment methods: 

Federal Reserve Board: 
[hyperlink, http://www.federalreserve.gov] 

U.S. Treasury: 
[hyperlink, http://www.fms.treas.gov/payments.html] 

NACHA, the Electronic Payments Association: 
[hyperlink, http://www.nacha.org] 

Bank for International Settlements: 
[hyperlink, http://www.bis.org/cpss/index.htm] 

European Union: 
[hyperlink, 
http://http://www.europa.eu.int/comm/internal_market/en/index_ob.htm] 

[End of section] 

Section 4: Adapting Commercial and Legal Frameworks: 

The continued growth in international electronic commerce is creating 
new complications for the legal system governing international 
commercial transactions. As businesses, consumers, and governments 
develop new and innovative ways to interact, existing commercial 
frameworks are under increasing pressure to adapt. For example, 
international commercial transactions have long created legal 
complexities in the areas of contracts, intellectual property rights, 
and taxation. The development of entirely new ways of conducting 
business, coupled with the jurisdictional uncertainties arising from
international electronic transactions, makes dealing with long-
standing legal complexities in international commerce even more 
complex. In this section, we discuss some of the efforts under way to 
adapt existing regimes in three areas: (1) commercial law, (2) 
intellectual property rights, and (3) taxation. 

Q. What Are the Implications of International Electronic Commerce on 
Commercial Laws? 

The ability to conduct transactions on line as easily as those 
traditionally conducted off line is integral to fully exploiting the 
potential of international electronic commerce. Commercial laws differ 
considerably from country to country, and as discussed previously in 
the section on consumer protection, there is uncertainty with respect 
to which country's laws will apply and where disputes will be 
adjudicated. For example, businesses and consumers cannot be certain 
that electronic signatures and contracts will be considered legally 
binding. In the following pages, we address specific areas closely 
related to international electronic commerce transactions: 

* Is there a global E-signature policy? 

* What are some of the U.S. and EU efforts to facilitate electronic 
transactions? 

* What international initiatives promote electronic contracting? 

Q. Is there a global E-signature policy? 

Harmonizing the use of electronic signatures is important to the 
growth of international electronic commerce, but there are 
difficulties in achieving international harmonization. For example, E-
signature policies vary by degree of technological neutrality (the 
degree to which the policy requires or assumes a specific technology) 
and regulation. Developing and other countries may follow very 
different models, thereby creating multiple E-signature policies. This 
situation could lead to disputes over contract authenticity in the 
future. 

Q. What efforts have the United States and the European Union made to 
facilitate electronic transactions? 

* Electronic signatures. On June 30, 2000, the Congress passed the 
Electronic Signatures in Global and National Commerce Act (ESIGN Act). 
[Footnote 29] The ESIGN Act is intended to promote electronic commerce 
by providing a consistent national framework for electronic signatures 
and transactions. It is also intended to eliminate legal barriers to 
the use of electronic technology to form and sign contracts, collect 
and store documents, and send and receive notices and disclosures.
Specifically, section 101(a) of the act places electronic records and 
signatures on a legal par with their paper and ink counterparts. In 
the European Union, most member states have already recognized the 
equivalence between electronic and handwritten signatures and have 
recognized the admissibility of electronic signatures as evidence in 
court proceedings. The European Union has also adopted a 1999 
Electronic Signatures Directive that lays out the framework for the 
use of electronic signatures for reliable and legally valid 
communication by electronic means.[Footnote 30] Under this directive, 
electronic signatures accompanied by a valid certificate will now be 
considered equivalent to handwritten signatures throughout the 
European Union. 

* Electronic contracts. In the United States, the legal rules 
governing contracts and commercial transactions have traditionally 
been established by the state governments, working through an 
organization of legal experts called the National Conference of 
Commissioners on Uniform State Laws (NCCUSL). In July 1999, NCCUSL 
approved the Uniform Electronic Transactions Act (UETA) and sent it to 
state governments for adoption. This measure builds on the 
international consensus established by the UNCITRAL Model Law on 
Electronic Commerce and contains specific provisions that the states 
can use to remove paper-based barriers to electronic transactions. 
ESIGN and UETA are somewhat complementary; ESIGN may apply in those 
states that have not adopted UETA. It is likely, as electronic 
commerce and particularly international electronic commerce grow, that 
more changes will be needed in existing legal and regulatory 
frameworks to make these transactions as convenient and reliable as 
traditional ones. The European Union has taken several measures to 
facilitate the conclusion of contracts by electronic means, such as 
the 2000 Electronic Commerce Directive. It provides, for example, that 
any kind of contract may, in principle, be validly concluded 
electronically. EU member states are, however, permitted to exclude 
certain categories of contracts from this general rule (for example, 
contracts regarding real estate and contracts involving public 
notaries, public authorities, or the courts, among others). 

Q. What international initiatives promote electronic contracting? 

Internationally, UNC1TRAL has completed work on a model law that 
supports using international electronic contracts for conducting 
business. This model law: 

* establishes rules and norms that validate and recognize contracts 
formed through electronic means, 

* sets rules for forming contracts and governing electronic contract 
performance, 

* defines the characteristics of valid electronic writing and of an 
original document, 

* provides for the acceptability of electronic signatures for legal 
and commercial purposes, and, 

* supports the admission of computer evidence in courts and 
arbitration proceedings. 

At its 33rd session, UNCITRAL in 2000 held a preliminary exchange of 
views regarding future work in the field of electronic commerce. Three 
topics were suggested: 

* Electronic contracting. Participants believed that additional work 
is needed to develop uniform rules to govern dealings in services or 
"virtual goods": that is, items (such as software) that might be 
purchased and delivered in cyberspace. 

* Dispute settlement. Participants believed that in order to improve 
IEC dispute settlement options, current laws might have to be amended 
or interpreted to authorize the use of electronic documentation and, 
in particular, to do away with existing requirements regarding the 
written form of arbitration agreements. In addition, new rules should 
be designed to facilitate the increased use of on-line dispute 
settlement mechanisms. For example, one such rule might deal with 
making dispute settlement techniques such as arbitration and 
conciliation available to both commercial parties and consumers. 

* Dematerialization of documents of title, in particular in the 
transport industry. Participants believed that more has to be done by 
way of establishing a uniform statutory framework to replace the 
traditional, paper-based bills of lading with electronic messages. It 
was widely felt that such work should not be restricted to shipping 
but should also include other modes of transportation. 

More recently, according to a State Department official, UNCITRAL has 
prepared a draft convention on electronic contracting. As conceived, 
the proposed treaty will address the rules on formation of contracts 
through computer communications. It would apply to transactions in 
tangible goods and would exclude consumer contracts, licensing of 
software, and sales of "virtual goods" (where the products are data 
rather than tangible goods). 

Web sites for more information on efforts to facilitate the use of 
electronic signatures and contracting: 

UNCITRAL (Working Group IV on E-Commerce): 
[hyperlink, http://www.uncitral.org/en-index.htm] 

World Trade Organization: 
[hyperlink, http://www.wto.org] 

Organization for Economic Cooperation and Development: 
[hyperlink, http://www.oecd.org] 

European Union: 
[hyperlink, http://www.europa.eu.int] 

Hague Conference on Private International Law: 
[hyperlink, http://www.hcch.net/e/] 

UNIDROIT: 
[hyperlink, http://www.unidoit.org] 

Q. What Are the Implications of International Electronic Commerce on 
Intellectual Property Rights? 

Commerce on the Internet will often involve the sale and licensing of 
intellectual property such as music, movies, and games. To promote 
this commerce, sellers must have confidence that their intellectual 
property will not be stolen, and buyers must have confidence that they 
are obtaining authentic products. International agreements that 
establish clear and effective copyright, patent, and trademark 
protection are therefore necessary to prevent piracy and fraud. While 
technology, such as encryption, can help combat piracy, an adequate 
and effective legal framework is also necessary to deter fraud and the 
theft of intellectual property and to provide effective legal recourse 
when these crimes occur. In the following pages, we answer several 
questions related to how IEC affects intellectual property rights: 

* How are intellectual property rights protected internationally? 

* What are the principles underlying these treaties? 

* What are some of the European efforts under way to improve 
intellectual property protection for IEC? 

Q. How are intellectual property rights protected internationally? 

The World Intellectual Property Organization (WIPO) is an important 
forum for addressing the development of intellectual property 
protection.[Footnote 31] The organization currently administers 11 
treaties that set out internationally agreed rights and common 
standards for intellectual property protection. The states that sign 
these treaties agree to apply those rights and standards within their 
own territories. 

While the cornerstones of WIPO's treaty system remain the Paris and 
Berne Conventions, subsequent treaties have widened and deepened the 
protection they offer and have encompassed technological change and 
new areas of interest and concern. Two recent examples are the WIPO 
Copyright Treaty and the WIPO Performances and Phonograms Treaty. 
These treaties contain basic rules updating the international 
protection of copyright and related rights to the Internet age. U.S. 
copyright law has been modified to conform to the WIPO treaties. 
[Footnote 32] 

While there is no such thing as an international copyright, there is a 
set of international treaties that establishes minimum standards for 
protecting the copyrighted works of participating nations. The 
situation is complicated, because worldwide there are different legal 
traditions applicable to the protection of what the United States 
regards as copyrighted works. 

For example, under U.S. copyright law, sound-recording producers and 
performers are regarded as joint authors of sound recordings. Under a 
different legal system, such producers' and performers' rights would 
be protected differently and may be protected at a lower level as 
entirely separate and distinct from the rights granted under the U.S. 
system. These differences in the rights granted under various 
intellectual property systems are sometimes areas of conflict. 

Q. What are the principles underlying these treaties? 

The principle of national treatment is the cornerstone of many 
international intellectual property treaties as well as international 
trade treaties such as the General Agreement on Tariffs and Trade and 
the World Trade Organization (WTO). The principle of national
treatment means that under a nation's laws, a foreigner enjoys the 
same rights and benefits that a citizen of that nation receives 
(subject to the specific terms of the relevant international 
conventions). In copyright terms, it means, for example, that a German 
work for which copyright enforcement is sought in the United States 
would be treated under U.S. law exactly as if it were a U.S. work. 

Q. What are some of the European efforts under way to improve 
intellectual property protection for IEC? 

The European Union has held a number of deliberations in various 
forums on the treatment of intellectual property over the Internet. 
Among the recent actions was the adoption in 2001 of a Directive on 
Copyright. The directive is intended to ensure a uniformly high level 
of copyright protection throughout the European Union for creators of 
copyright-protected works and related entities (artists, music 
editors, broadcasting companies, and so on) whose works are 
transmitted over the Internet. The European Communities are a 
signatory to the WIPO Performances and Phonograms Treaty. In addition, 
the European regulatory framework provides directives on: 

* the legal protection of computer programs, 

* the legal protection of databases, 

* the rights for rental and lending, 

* the rights related to broadcasting by cable and satellite, and, 

* the term (length) of protection. 

Web sites for more information on efforts to protect intellectual 
property: 

World Intellectual Property Organization: 
[hyperlink, http://www.wipo.org] 

World Trade Organization: 
[hyperlink, http://www.wto.org/english/tratop_e/ecom_e/ecom_e.htm] 

U.S. Copyright Office: 
[hyperlink, http://www.loc.gov/copyright/] 

U.S. Patent and Trademark Office: 
[hyperlink, http://http://www.uspto.gov/] 

Q. What Are the Tax Implications of International Electronic Commerce? 

The taxation of international transactions involving U.S. companies 
and consumers is currently based on (1) the statutory tax laws of the 
countries in which each party to the transaction is a citizen and (2) 
a series of bilateral tax treaties between the United States and its 
major trading partners. The advent of international electronic 
commerce creates additional complexities in the interpretation of 
these statutes and treaties, as well as raises entirely new issues. 
The extent to which international electronic commerce complicates 
taxation efforts depends on the product and the transaction. 

According to a U.S. Treasury official, existing tax regimes can in 
general be applied to international electronic commerce without 
significant modifications being required, and without raising 
significant new tax policy or administrative issues. For example, with 
respect to physical products ordered on line and then shipped across 
borders, IEC has not significantly complicated the implementation of 
statutory provisions or international tax agreements. The only 
difference is in how a product is ordered, not in how it is shipped or 
taxed. However, for digital products such as books and magazines, 
authorities differ on whether these should be considered goods or 
services. This distinction may have an important effect on the tax 
levied. In the following pages, we answer several questions related to 
how the taxation of international electronic commerce is being 
addressed: 

* How does IEC complicate international taxation? 

* What is the U.S. position on IEC taxation issues? 

* How does the U.S. position differ from the European Union's position 
on taxation issues for IEC? 

* What is the position of business groups? 

* Where are international differences in IEC taxation policy addressed? 

Q. How does IEC complicate international taxation? 

IEC creates new kinds of goods and services, including those that can 
be "shipped" digitally. Adapting existing tax regimes to address these 
new kinds of products has proven to be difficult and at times 
contentious. 

* The borderless nature of electronic commerce can frustrate efforts 
to define where income is earned, a product is purchased, or value is 
added.[Footnote 33] There are many new ways to conduct business or 
trade that were not envisioned several years ago, when many U.S. 
bilateral tax treaties were negotiated and tax laws promulgated. As a 
result, it may be difficult to determine under these rules at what 
point profits are being made and what country is allowed to tax them. 

* The ability to access books, magazines, music, and video on line has 
led to disagreements about what tax rules to apply if a consumer in 
one country downloads material from a Web site based in another 
country. If taxation is based on where the consumer is located, 
businesses face the technological challenge of determining where their 
users are located and the administrative challenge of complying with 
tax regulations from several different countries. Currently, a state 
or local government in the United States cannot require a foreign 
company to collect taxes from U.S. citizens downloading material if 
the company does not have a physical presence in that government's 
jurisdiction.[Footnote 34] 

According to Treasury and EU officials, the decisions on these issues 
are not likely to have much impact on tax revenue in the near term 
although countries have concerns about setting precedents that will 
affect future agreements and disadvantaging their corporations' 
ability to compete globally. Taxation policies adopted today could 
have important implications for future revenue streams and trade 
flows. How ongoing differences over the taxation of IEC are resolved 
in the next couple of years will set the foundation for future 
taxation of what is widely expected to be a much more significant 
revenue stream. 

Q. What is the U.S. position on IEC taxation issues? 

The general U.S. policy on the federal taxation of international 
electronic commerce has remained consistent since 1998, when the U.S. 
supported the following principles articulated by the Organization for 
Economic Cooperation and Development:[Footnote 35] 

* use existing tax treaties to the extent possible; 

* do not discriminate between electronic and physical products: that 
is, tax the digital version of a product in the same way as the 
physical version; 

* minimize compliance costs; 

* enact clear and simple tax rules; 

* provide for effective and fair taxation; 

* set up flexible systems for taxation to ensure that they keep pace 
with technological changes. 

Q. How does the U.S. position differ from the EU's position on 
taxation issues for IEC? 

The United States and the European Union agree on the six principles 
of international electronic commerce taxation outlined above. However, 
they disagree on how these principles should be applied in a number of 
cases. For example, in early 2000, the European Union proposed that 
companies that transmit digital products to consumers located in the 
European Union should be required to pay an EU value-added tax on the 
product.[Footnote 36] In practice, this would require U.S. companies 
to register with EU tax authorities and send value-added tax proceeds 
to the European Union for purchases made by consumers resident within 
the European Union (see figure 9). 

Figure 9: Proposed EU Approach for Collecting Value-added Tax on 
Transactions Involving EU Citizens: 

[Refer to PDF for image: illustration] 

1) US company registers with EU. 

2) Consumer buys software on line and pays VAT collected by U.S. 
vendors. 

3) U.S. company transmits software to EU consumer. 

4) U.S. company sends VAT payments to EU. 

Source: GAO analysis. 

[End of figure] 

The United States views this proposed tax regime as placing an unfair 
compliance burden on U.S. firms, noting that companies cannot know for 
certain where a consumer is resident. The United States also contends 
that the proposed regime will discriminate against U.S. companies by 
requiring them to collect EU value-added tax charged at a higher rate 
than will be charged on sales of identical products to the same 
consumers made by EU companies. The European Union's position is that 
the proposed tax was based on the desire to harmonize rules within the 
European Union and to ensure fair treatment for EU firms. Under the 
current system, EU firms that provide digital products to EU consumers 
must pay the value-added tax, whereas U.S. firms do not (see figure 
10). The European Union contends that this gives U.S. companies an 
unfair advantage. 

Figure 10: Current Approach for Collecting Value-added Tax on EU 
Citizens: 

[Refer to PDF for image: illustration] 

1) EU consumer buys software on line from a U.S. company; no EU
taxes paid. 

2) U.S. company transmits software to EU consumer. 

Source: GAO. 

[End of figure] 

Q. What is the position of business groups? 

Business groups want clear, consistent rules that do not hinder 
international commerce.[Footnote 37] For example, the Global Business 
Dialogue's working group on taxation policy supports principles of 
taxation that are similar to those articulated by the OECD and the 
U.S. government: neutrality, simplicity, fairness, and enforceability. 
[Footnote 38] The Global Business Dialogue has worked with the U.S. 
government and the European Union to ensure that electronic commerce 
continues to grow, and to avoid competitive distortions and excessive 
compliance burdens. 

Q. Where are international differences in IEC taxation policy 
addressed? 

The Organization for Economic Cooperation and Development has been the 
primary forum for discussing and resolving these and other tax-related 
issues. In 1998, OECD member countries agreed to general principles on 
taxation and created several working groups to address technical 
issues. Since then, representatives from OECD member countries have 
surveyed member states on various aspects of tax policy and discussed 
potential approaches to the taxation of IEC in an effort to build 
international consensus. Agreements reached at the OECD are not 
binding on its member states, although, according to U.S. Treasury 
officials, they do carry weight in bilateral discussions. 

Web sites for more information on taxation: 

Organization for Economic Cooperation and Development: [hyperlink, 
http://www.oecd.org] 

Department of the Treasury, Office of Tax Policy: [hyperlink, 
http://www.treas.govitaxpolicy/index.html] 

European Union: 
[hyperlink, 
http://www.europa.eu.int/comm/taxation_customs/taxation/taxation.htm] 

Global Business Dialogue: 
[hyperlink, http://www.gbde.org/taxation/] 

[End of section] 

Section 5: Addressing Barriers through International Trade Agreements 
and Negotiations: 

International trade agreements, such as those produced multilaterally 
through the World Trade Organization, and negotiations, such as those 
ongoing bilaterally and regionally with countries in the Western 
Hemisphere and Asia, are deeply involved in addressing issues 
concerning IEC. These agreements and negotiations discuss electronic 
commerce as it relates to trade and attempt to expand the use of IEC 
through minimizing barriers to bolstering its efficiency. The United 
States, as a key developer and user of IEC, participates in these 
discussions in order to foster an open trading environment. 

Q. How Is International Electronic Commerce Affected by International 
Trade Agreements? 

International electronic commerce is affected by international trade 
agreements because barriers to goods, services, and investment affect 
the development of the structures and networks that facilitate 
international electronic commerce transactions. Faced with expanded 
use of the Internet and eager to foster its potential economic 
benefits, U.S. trade negotiators have begun to consider how existing 
trade agreements cover electronic commerce activities and whether new 
commitments are needed. These topics include: 

* tariffs on information technology products, 

* customs duties on electronic transmissions, 

* existing trade agreements' coverage of electronic commerce, 

* intellectual property protections for original works on the World 
Wide Web, 

* improvements to customs facilitation, 

* removal of barriers to Internet service providers. 

International electronic commerce encompasses a wide variety of 
issues, because it can be used to facilitate different steps in the 
production, distribution, and payment of products across national 
borders using a variety of networks (depending on the product). A 
bottleneck at any point in this chain of operations-—whether it is the 
imposition of high telecommunications costs, restrictions on express 
shipments at airports, or placement of onerous customs requirements-—
may reduce the benefits to consumers and businesses of connecting to a 
global market. As a leading user and developer of electronic commerce, 
the United States has a commercial interest in expanding its use and 
maintaining an open trading environment for digital products and 
services. The explicit trade policy of the United States is to expand 
market opportunities for U.S. goods, services, and intellectual 
property by keeping electronic commerce free from trade barriers. 
[Footnote 39] In the following pages, we answer questions related to 
how international trade agreements and negotiations address barriers 
to international electronic commerce: 

* What has the World Trade Organization done to address IEC issues? 

* How have bilateral and regional trade negotiations addressed IEC? 

Q. What has the World Trade Organization done to address IEC issues? 

The WTO, a primary forum in which the United States has pursued its 
electronic commerce agenda, has undertaken several initiatives that 
are important to the development of electronic commerce. Figure 11 
shows a time line of key WTO agreements and decisions related to 
electronic commerce. 

Figure 11: Time Line of WTO Agreements and Decisions Related to 
Electronic Commerce: 

[Refer to PDF for image: time line] 

1996: WTO information Technology Agreement completed — eliminates 
tariffs on key IT products by 2000. 

1997: WTO Basic Telecommunications Agreement completed — liberalizes 
telecommunications services markets. 

1998: WTO moratorium on imposing customs duties on E-commerce 
transmissions established and work program on E-commerce initiated. 

2001: WTO moratorium and work program extended until next WTO 
Ministerial (approximately 2 years). 

Note: IT = information technology. 

Source: World Trade Organization. 

[End of figure] 

As of 2000, 55 WTO members were participants in the Information 
Technology Agreement, which covers 95 percent of trade in the $600 
billion-plus global market for information technology products. Also, 
69 WTO members made market opening commitments in 1997 under the Basic 
Telecommunications Agreement, which liberalizes the telecommunications 
services market—part of the infrastructure of the Internet and 
electronic commerce. WTO members committed under the 1998 moratorium 
to continue the current practice of not imposing customs duties on 
electronic commerce transmissions. This moratorium was extended again 
at the WTO Ministerial meeting in Doha, Qatar, on November 14, 2001, 
until the next WTO Ministerial Meeting. 

In addition to these commitments, several areas of importance to 
electronic commerce are currently under discussion at the WTO. In 
1998, WTO members began a work program involving each of the major 
bodies of the WTO (the Council for Trade in Goods, the Council for 
Trade in Services, the Council for Trade-related Aspects of 
Intellectual Property Rights, and the Committee on Trade and 
Development). Through this work program, WTO members have discussed 
the classification of digital products (such as electronic 
transmissions of books, music, and software), the application of the 
existing WTO agreements to electronic commerce, and other issues 
related to trade and electronic commerce. 

In particular, the classification of digital products has been an 
important area of disagreement among WTO members. Some members, such 
as the European Union and Singapore, argue that these digital products 
should be classified as services, because their electronic qualities 
give them unique features more similar to services. For example, 
digital newspapers, unlike their paper versions, can be electronically 
searched, copied, and manipulated. However, the United States and 
other members are concerned that classifying all digital products as 
services may allow countries to place higher trade barriers on digital 
products than on their physical counterparts.[Footnote 40] The United 
States believes that it is premature to reach a definitive conclusion 
on the classification of electronic commerce, given its evolving 
nature and the uncertainty of how such a decision could affect market 
access and other trade rights.[Footnote 41] 

In addition to the work program, WTO members recently initiated at the 
Doha Ministerial, a new round of trade negotiations scheduled to be 
completed in 2005. The results of this round, particularly in areas 
such as services and customs facilitation, could have important 
ramifications for the development of electronic commerce, even if new 
agreements do not address electronic commerce directly. Greater trade 
liberalization and facilitation could lead to removing some of the 
bottlenecks that international electronic commerce currently faces in 
various markets. 

Q. How have bilateral and regional trade negotiations addressed IEC? 

The United States has pursued discussions on electronic commerce with 
other trade partners through negotiations of free trade agreements. 
[Footnote 42] One potential benefit of these narrower negotiating 
arenas is that the United States and the individual partners may be 
able to craft state-of-the-art agreements that can then be used to 
promote U.S. objectives for electronic commerce in wider forums, such 
as the WTO. The 2000 U.S.-Jordan Free Trade Agreement was the first 
free trade agreement to include explicit language covering electronic 
commerce.[Footnote 43] In the agreement, both countries stated that 
they would "seek to refrain from" imposing customs duties on 
electronic transmissions, creating unnecessary barriers on electronic 
transmissions, and impeding the electronic supply of services that 
were being liberalized under the agreement. In future free trade 
agreements, such as those being negotiated with Singapore and Chile, 
U.S. negotiators are seeking to develop these types of disciplines 
into more concrete obligations that will maintain the current liberal 
trade environment for electronic commerce. 

At the regional level, the negotiations on the Free Trade Area of the 
Americas with 33 other Western Hemisphere countries include the 
presence of a "non-negotiating" committee on electronic commerce. 
[Footnote 44] This committee comprises both government and private-
sector representatives and is tasked with making recommendations to 
trade negotiators on how to increase and broaden the benefits to be 
derived from the electronic marketplace. It also provides a forum for 
countries to share their experiences and initiate approaches to 
encouraging the development of electronic commerce activities. The 
committee has issued two public reports that made recommendations on 
topics such as increasing the use of governments, smaller economies, 
and small businesses that engage in electronic commerce; clarifying 
the rules of the electronic commerce market; developing on-line 
payment services; and addressing security issues. Besides the Free 
Trade Area of the Americas, the United States has also been involved 
in electronic commerce discussions through the Asia-Pacific Economic 
Cooperation forum and the Organization for Economic Cooperation and 
Development, focusing on trade as well as consumer protection, 
privacy, and other areas. 

Web sites for more information on international trade: 

U.S. Trade Representative: 

[hyperlink, http://www.ustr.gov/sectors/electronic_commerce.shtml] 

Free Trade Area of the Americas: 
[hyperlink, http://www.ftaaalca.org/SPCOM1WCOMMECE.ASP] 

World Trade Organization: 
[hyperlink, http://www.wto.org] 

Asia-Pacific Economic Cooperation forum:
[hyperlink, http://www.ecommerce.gov/apec] 

World Customs Organization: 
[hyperlink, http://www.wcoomd.org] 

Organization for Economic Cooperation and Development: 
[hyperlink, http://www.oecd.org/ecommerce] 

[End of section] 

Appendix I: Objectives, Scope, and Methodology: 

At the request of the Ranking Senate Minority Member of the Joint 
Economic Committee, we undertook a review of international electronic 
commerce. Specifically, our objectives were to answer the following 
questions: (1) What is international electronic commerce (IEC)? (2) 
What data on international electronic commerce (IEC) does the U.S. 
government collect? (3) What is being done to remove obstacles and 
facilitate consumer use of international electronic commerce? (4) What 
are some of the efforts being made to adapt the legal framework for 
international electronic commerce transactions? (5) How do 
international trade agreements and negotiations address barriers to 
international electronic commerce? 

To define electronic commerce, we interviewed officials and reviewed 
documents from the Bureau of the Census, the Bureau of Economic 
Analysis, and the Departments of Commerce and the Treasury In 
addition, we met with representatives from electronic commerce and 
business consulting firms that specialize in electronic commerce, 
including International Data Corporation; Forrester Research, Inc.; 
and eMarketer, Inc. These firms presented us with a general overview 
of their methodologies and access to their estimates on electronic 
commerce activity. However, we did not analyze the quality of the 
methodologies, nor did we independently verify their estimates. The 
methodology use by Forrester to arrive at their estimates on 
international electronic commerce transactions reported in section 1 
of this report relies on a mix of quantitative and qualitative 
analysis based on economic data and surveys. 

To determine what data the U.S. government collects on international 
electronic commerce, we interviewed officials from the Office of the 
U.S. Trade Representative; the Board of Governors of the Federal 
Reserve; the Departments of State, Commerce, and the Treasury; and the 
U.S. Federal Trade Commission. 

To examine efforts to remove obstacles and facilitate consumer use of 
international electronic commerce, we interviewed officials from the 
Office of the U.S. Trade Representative; the Board of Governors of the 
Federal Reserve; the Departments of State, Commerce, Justice, and the 
Treasury; the European Commission Delegation to the United States; the 
U.S. Federal Trade Commission; and several representatives of private-
sector firms and organizations. In addition, we reviewed documents 
including papers and articles, industry journals, and information 
available at various sites on the World Wide Web from several U.S. 
government, international, and private organizations, including the 
Departments of State, Commerce, Justice, and the Treasury; the Office 
of the U.S. Trade Representative; the Board of Governors of the 
Federal Reserve; the Asia-Pacific Economic Cooperation Forum; the 
Council of Europe; the European Commission; the Organization for 
Economic Cooperation and Development(OECD); the Bank for International 
Settlements; the International Marketing Supervision Network; the 
Global Business Dialogue; and NACHA, the Electronic Payments 
Association. 

To identify the efforts to adapt the legal framework for international 
electronic commerce transactions, we interviewed officials from the 
Office of the U.S. Trade Representative; the Board of Governors of the 
Federal Reserve; the Departments of State, Commerce, and the Treasury; 
the European Commission Delegation to the United States; the U.S. 
Federal Trade Commission; and several representatives of private-
sector firms and organizations. In addition, we reviewed papers and 
articles, industry journals, and information available at various 
sites on the World Wide Web from the Departments of Commerce and the 
Treasury, the Advisory Commission on Electronic Commerce, the OECD, 
the European Commission, and the Global Business Dialogue. Documents 
from these sources included former U.S. policy and strategy documents 
for approaching electronic commerce, research studies by the 
technology practices of investment banks, law firms, and consulting 
firms, as well as the research studies and publications firms 
specializing exclusively in Internet or electronic commerce issues. 

To determine the extent of efforts in international agreements and 
trade negotiations, we interviewed officials from the Office of the 
U.S. Trade Representative; the Departments of State, Commerce, and the 
Treasury; and the European Commission Delegation to the United States. 
In addition, we reviewed U.S. government, international organization, 
and private-firm documents, reports, and articles; industry journals; 
and information available at various sites on the World Wide Web. 
International organizations included the World Trade Organization 
(WTO), the Free Trade Area of the Americas, the Asia-Pacific Economic 
Cooperation Forum, the OECD, and the World Customs Organization. 

The information on foreign laws and regulations in this report is 
based on secondary sources and interviews and does not necessarily 
reflect our independent legal analysis. 

We conducted our work in Washington, D.C., New York, and Boston 
between May 2001 and November 2001, in accordance with generally 
accepted government auditing standards. 

We requested comments on the technical accuracy of this report from 
officials at the Departments of State, Commerce, and the Treasury; the 
Office of the U.S. Trade Representative; the U.S. Federal Trade 
Commission; and the European Commission Delegation to the United 
States. Their comments have been incorporated where appropriate. 

[End of section] 

Appendix II: Definitions and Measurement of Electronic Commerce: 

The definition and measure of international electronic commerce (IEC) 
is dependent on how electronic commerce (E-commerce) is defined and 
measured more broadly. This appendix presents information on available 
definitions and measures of electronic commerce. The first portion 
shows that there is no single definition of electronic commerce and 
that available definitions differ in scope. The second section shows 
the variation in the available estimates of the size of electronic 
commerce from official government sources. The third section reports 
on private-sector estimates of electronic commerce. As a consequence 
of the variation in definition and measurement of electronic commerce, 
IEC, in turn, lacks a single definition or measure. 

Definitions of Electronic Commerce: 

Despite the prevalence of the term "electronic commerce," it has no 
widely accepted definition. Some academics use very broad definitions, 
because their focus is primarily on electronic commerce as a business 
model and on its impact on industrial organizations. Policymakers at 
times employ equally broad definitions that emphasize the impact of 
electronic commerce on all aspects of economic activity. At other 
times, narrower definitions are used to address specific policy areas, 
such as taxation or intellectual property rights. Statisticians 
typically use more precise definitions that focus on the transaction, 
where a product or service is exchanged between two parties. Even for 
statistical purposes, the definition used varies with the measurement 
objective and, in the case of private consulting firms, with 
particular client needs. 

Electronic commerce can be separated into two broad categories: 
business-to-business (B-to-B) and business-to-consumer (B-to-C). Other 
types of on-line interactions involve governments and transactions 
between consumers (consumer-to-consumer, or C-to-C). 

While electronic commerce definitions can include all transactions, 
including C-to-C transactions, measures of electronic commerce focus 
primarily on B-to-B and B-to-C electronic commerce. B-to-B and B-to-C 
electronic commerce estimates are typically collected using narrow, 
transaction-based definitions but differ with respect to the type of 
activity that is considered to qualify as electronic commerce. 
Essentially, these narrow electronic commerce definitions differ 
because of two key elements: 

1. Networks. Definitions for electronic commerce differ with respect 
to what types of communications networks are included. Many 
definitions include only transactions that occur over the Internet (a 
worldwide system of public [open] computer networks, through which 
users can access, send, and share information) as electronic commerce. 
Although the Internet is in the public domain, recent adaptations of 
the Internet technology, the Intranet and the Extranet, are private 
(closed) networks. An Intranet computer network is internal to a 
particular enterprise, while an Extranet is part of a company's 
Intranet that is extended to select users, including, for example, 
vendors outside the firm.[Footnote 45] Before the widespread adoption 
of the Internet, electronic transactions between businesses were 
conducted via electronic data interchange (EDI).[Footnote 46] The main 
purposes of the Extranet and EDI are to share confidential information 
with important nonemployees such as suppliers, vendors, partners, and 
customers, including basic orders and invoices. Given these different 
networks, electronic commerce definitions vary according to whether 
they include Intranet, Extranet, and EDI transactions or focus solely 
on the Internet.[Footnote 47] 

2. Type of transaction. Electronic commerce definitions also vary with 
respect to the scope of the transactions included. Some definitions 
broadly include all business activity that involves any on -line 
activity (including advertising and research), while others include 
only transactions that involve on-line processes at particular steps 
in conducting a transaction. Most definitions agree that at a minimum, 
an electronic commerce transaction must involve the on-line commitment 
to buy or sell a good or service, emphasizing that the method of 
payment or delivery of the good or service is immaterial.[Footnote 48] 

Table 4 illustrates the variation in definitions of electronic 
commerce by selected sources attributable to differences in their 
inclusion of different networks and types of transactions. The 
variation in the definitions helps to explain the wide range of 
estimates for electronic commerce discussed in the following sections. 

Table 4: Definition of Electronic Commerce: 

Defining source: Boston Consulting Group
Definition of electronic commerce: Internet- and EDI-based 
transactions. 

Defining source: eMarketer; 
Definition of electronic commerce: Internet transactions in which the 
buyer completes the purchase order or
transactional contract via the Internet; includes only Web-based EDI. 

Defining source: Forrester Research, Inc. 
Definition of electronic commerce: Trade of goods and services in 
which the final order is placed over the Internet; excludes EDI. 

Defining source: Gartner Group; 
Definition of electronic commerce: Sales of goods and services for 
which the order-taking process is completed via the Internet; includes 
Internet EDI, e-marketplaces, and Extranets, but excludes activity 
over proprietary networks. 

Defining source: International Data Corporation; 
Definition of electronic commerce: The process by which an order is 
placed or accepted via the Internet, therefore representing a 
commitment to transfer funds in exchange for goods and services; 
excludes EDI transactions that do not use a Web-enabled gateway. 

Defining source: Jupiter Media Metrix; 
Definition of electronic commerce: Any transaction where the terms or 
the majority of the terms are agreed upon on line, or where the 
majority of item features are configured on line. 

Defining source: Keenan Vision; 
Definition of electronic commerce: Internet transactions that create a 
sale process that ultimately performs an electronic funds transfer 
between buyer and seller. 

Defining source: Organization for Economic Cooperation and Development: 
Definition of electronic commerce: Broad: The sale or purchase of 
goods and services conducted over computer-mediated networks; includes 
EDI; excludes Intranet transactions; 
Definition of electronic commerce: Narrow: the sale or purchase of 
goods and services conducted over the Internet; includes Web-enabled 
EDI and any other Web-enabled application; excludes Intranet 
transactions. 

Defining source: U.S. Census Bureau; 
Definition of electronic commerce: The value of any monetary 
transaction completed over a computer-mediated network that involves 
the transfer of ownership or rights to use goods and services; 
includes Internet, Intranet, Extranet, and EDI transactions[A]. 

Defining source: Yankee Group; 
Definition of electronic commerce: Total value of goods and services 
exchanged electronically between businesses. 

[A] The Census definition includes propriety networks such as pure 
electronic data interchange, which predates the Internet. However, 
most definition in table 4 include EDI only if it is Web-enabled (for 
example, if the business uses the Internet as the front end to the EDI 
system. 

Sources: eMarketer, Forrester Research, Inc., IDC, U.S Bureau of the 
Census. 

[End of table] 

Official Government Data on Electronic Commerce: 

Because electronic commerce is a relatively recent development, the 
U.S. government's statistical agencies are just beginning to collect 
information in this area. As a result, U.S. official electronic 
commerce statistics exist only for selected segments of the economy. 
The U.S. Census Bureau first began in 2000 to collect the information 
necessary to form estimates for electronic commerce retail sales, 
manufacturing shipments, merchant wholesale trade, and electronic 
commerce revenues for selected services. However, Census's EStats 
measurement program does not include the entire economy, only the 
sectors and industries covered by its existing monthly and annual 
surveys with the major emphasis on retail trade.[Footnote 49] The 
Census estimates suggest that despite rapid growth, electronic 
commerce accounts for only a small percentage of total economic 
activity in the U.S. sectors surveyed. Section 2 of this report showed 
that U.S. electronic commerce retail sales between 1999 and 2001 made 
up only about 1 percent of total sales. 

Electronic commerce accounts for an even smaller percentage of retail 
sales in Europe than in the United States (see figure 12). This low 
level of penetration reflects the fact that a limited number of 
consumers are using the Internet for commercial purposes. OECD 
research shows that electronic commerce (the percentage of individuals 
using and ordering goods over the Internet) is unevenly developed in 
the OECD countries. Especially notable is the difference between North 
America and northern Europe, on the one hand, and the rest of the OECD 
countries, on the other.[Footnote 50] The OECD reports that the 
largest numbers of Internet transactions take place in the United 
States, and most frequently among U.S. residents. 

Figure 12: Electronic Commerce as a Percentage of Total Retail Sales, 
2000: An International Perspective: 

[Refer to PDF for image: vertical bar graph] 

The graph depicts electronic commerce as a percentage of total retail 
sales for the following countries: 

United States; 
Korea; 
Sweden; 
United Kingdom; 
Australia; 
Netherlands; 
Germany; 
Switzerland; 
Japan; 
Canada; 
Norway; 
Austria; 
Finland; 
Denmark; 
Belgium; 
France; 
Italy; 
Spain. 

Source: OECD, "Business-to-Consumer Electronic Commerce," 2001. 

[End of figure] 

Although Census has primarily concentrated its electronic commerce 
statistics collection (published quarterly) efforts on retail sales, 
it also has annual estimates for 1999 for three other sectors—selected 
services, manufacturing, and merchant wholesale trade. (The 2000 
figures for these three sectors are scheduled to be released in March 
2002.) Electronic commerce accounted for just 0.6 percent ($25 
billion) of the total selected services industry revenue in 1999. The 
numbers for the manufacturing and merchant wholesale trade sectors 
suggest a more significant role for electronic commerce, however. The 
Census data show that electronic commerce accounted for 12 percent 
($485 billion) of all manufacturing shipments and 5.3 percent ($134 
billion) of total merchant wholesale sales in 1999. 

Census does not collect separate data on B-to-B and B-to-C electronic 
commerce, so there are no official estimates. However, Census arrives 
at 1999 estimates for both indirectly by assuming that all 
manufacturing shipments and wholesale trade were entirely B-to-B and 
that all retail and service sales were B-to-C. With this simplifying 
assumption, the numbers suggest that about 90 percent of electronic 
commerce transactions occur between businesses.[Footnote 51] 

Private-sector Data on Electronic Commerce: 

In the absence of extensive official statistics, the gap has been 
filled by private estimates and by forecasts from Internet 
organizations and research, polling, and consulting firms. The 
resultant electronic commerce estimates vary widely. Figure 13 shows 
that the statistics for U.S. B-to-C electronic commerce in 2000 
present a high estimate of $200 billion and a low estimate of just $7 
billion, a difference greater than a factor of 10. eMarketer, a 
secondary research firm that specializes in aggregating and analyzing 
information on various aspects of the Internet, reported estimates for 
B-to-C electronic commerce that ranged from $15.9 billion to $61.1 
billion for 2000 (see figure 14 for seven estimates). All these 
private-sector estimates of B-to-C electronic commerce are dwarfed by 
the sales revenue of Wal-Mart Stores ($191.3 billion in 2000). 
[Footnote 52] The B-to-B electronic commerce estimates show greater 
variation than the B-to-C estimates (see figure 14). Measurement 
problems such as double counting are a serious concern in this area, 
to the extent that some deem many of the estimates to be exaggerated. 

Figure 13: U.S. B-to-C Electronic Commerce Estimates, 1998-2000: 

[Refer to PDF for image: vertical bar graph] 

The graph depicts B-to-C electronic commerce estimates, both high and 
low for the calendar years 1998 through 2000 in billions of dollars. 

Sources: Barbara Fraumeni, "Electronic Commerce: Measurement and 
Measurement Issues," American Economic Review 91 (2001): 318-22. 

[End of figure] 

Figure 14: Seven Estimates of U.S. B-to-C and B-to-B Electronic 
Commerce Revenue, 2000: 

[Refer to PDF for image: vertical bar graph] 

The graph depicts B-to-C and B-to-B electronic commerce revenue in 
billions of dollars for the following estimates: 

Census[A]; 
eMarketer; 
Forrester; 
IDC[B]; 
Jupiter Media; 
Keenan Vision; 
Yankee. 

Note: These numbers were reported in eMarketer's March 2001 release 
(prior to Census's yearly estimate for retail E-sales). Some estimates 
may have been revised since then. We are including just those data 
produced by the research firms monitored by eMarketer, and for which 
we have definitions of E-commerce. 

[A] Census figures are for 1999. 

[B] IDC = International Data Corporation. 

Sources: eMarketer, Inc. (2001), U.S Bureau of the Census. 

[End of figure] 

The wide variation in estimates produced by private firms is 
attributable to several factors:[Footnote 53] 

* Differences in client base. In serving the diverse needs of their 
clientele, firms emphasize different indicators for the potential of 
electronic commerce. 

* Differences[Footnote 54] in methodologies and in varying sample 
sizes (sometimes small). 

* Differences in definition for electronic commerce, as was discussed 
above. 

* Differences in coverage. For example, Keenan Vision includes 
insurance and adult entertainment in its measure of B-to-C electronic 
commerce—areas that are excluded in most other estimates. 

With differences in definition, coverage, and methodology, it is 
difficult to accurately compare and evaluate the conflicting 
estimates, even though they purport to measure the same thing. 
Commerce officials noted that they have not performed a systematic 
analysis of the various private-sector estimates, but eMarketer holds 
many to be overly optimistic. The client focus and the small sample 
sizes also imply that the data are not always representative of the 
whole U.S. economy. 

[End of section] 

Appendix III: U.S. Government Collection of International Trade 
Statistics: 

The Census Bureau and the Bureau of Economic Analysis (BEA) in the 
Department of Commerce are the primary agencies responsible for 
compiling, processing, and publishing international trade statistics 
in the United States. 

Census: 

Census produces the statistics on the trade in goods, which are drawn 
from import and export documents that the U.S. Customs Service 
collects at various ports and points of entry throughout the United 
States. In lieu of filing paper documents, exporters and importers may 
file electronically through the Automated Export System for exporters 
or the Automated Commercial System for importers. Two-thirds of all 
U.S. exporters utilize the Automated Export System filing procedure to 
declare their shipments, and 99 percent of all import transactions are 
transmitted directly to Customs electronically, resulting in more 
accurate trade estimates. The filing procedure is mandatory only for 
exports shipped with a value greater than $2,500 or for those that 
require a license (for dual-use goods: that is, goods with military 
and commercial applications, some textiles, dairy products, and 
others). Likewise, the reporting threshold for importers' documents is 
$2,000, or $250 for restricted items (such as furs, leather, toys, and 
those under quota). The Census Bureau estimates the value of "low-
value" international goods and services transactions by using 
information on historical trade patterns (the historical relationship 
between low-value shipments and total shipments) rather than by 
counting them individually. 

BEA: 
BEA collects statistics for international trade in several dozen types 
of services, using a variety of mandatory surveys that vary in 
frequency, extent of coverage, level of detail, and level of exemption 
from reporting requirements. BEA uses a periodic survey methodology, 
because there are no official locations or "checkpoints," such as 
ports-of-entry, where service transactions can be recorded, and 
therefore there is no official record of customs documentation. Thus, 
an important difference between the data-collecting programs conducted 
by Census and BEA is that BEA must actually locate service providers 
in order to survey them to get the relevant data. To accomplish this 
task, BEA mails surveys to potential respondents—those who reported 
previously and those identified as potentially having engaged in 
covered transactions, based on various government sources. Full 
coverage is difficult, because it is hard to locate all possible 
providers of a service, including new companies. Respondents who 
engage in transactions that fall below the varying exemption levels 
are not subject to mandatory reporting requirements on the sample 
surveys. Low-value international service transactions are collected 
using BEA's extensive 5-year benchmark survey (essentially a census), 
which has a lower dollar reporting threshold and more detail than the 
sample surveys. In this benchmark survey, U.S. firms are still exempt 
from reporting data by service but must provide information on the 
aggregate value of transactions. For periods not covered by a 
benchmark survey, low-value transactions are estimated indirectly by 
extrapolating forward the data reported on the benchmark survey, based 
on growth in the data reported on sample surveys. 

Problems with international trade statistics have been well documented 
by the statistical agencies themselves, GAO, and others.[Footnote 55] 
Numerous improvements have been made in recent years to enhance the 
quality of the international trade statistics, but some problems 
remain unresolved. One major problem is the undercounting of exports, 
partially attributable to the use of outdated information to estimate 
low-value shipments. The Census Bureau estimates that the actual 
undercount ranges from 3 percent to 10 percent of the published export 
value. The Census Bureau has not collected data on exports valued 
below $1,000 in more than 10 years. Information on transactions valued 
at between $1,500 and $2,500 has not been reported since 1989. 
[Footnote 56] Although it is widely held that the data on imports are 
of higher quality because tariffs, quotas, and other enforcement 
activities are involved, GAO and others have reported problems in this 
area as well.[Footnote 57] 

Additionally, our previous work has indicated that statistics agency 
officials and users of trade statistics have stated that statistics on 
service transactions lacked adequate detail and coverage. BEA has 
taken numerous steps to improve the comprehensiveness and detail of 
its data on trade in services in general, instituting new surveys and 
making some existing surveys mandatory under strengthened legal 
authority. Nevertheless, complete coverage of international services 
has not been obtained, and a number of data improvement tasks remain. 

Web sites for more information on trade statistics collection and 
methodology: 

U.S. Bureau of the Census: 
[hyperlink, http://www.census.gov] 

Bureau of Economic Analysis: 
[hyperlink, http://www.bea.doc.gov] 

[End of section] 

Appendix IV: GAO Contact and Staff Acknowledgments: 

GAO Contact: 

Emil Friberg (202) 512-8990. 

Acknowledgments: 

In addition to those named above, Claude Adrien, Mark Dowling, 
Lawrance Evans Jr., Gifford R. Howland, David Maurer, Rona Mendelsohn, 
Timothy Wedding, and Michael Zola made key contributions to this 
report. 

[End of section] 

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Internet Users [hyperlink, http://www.gao.gov/products/GAO-01-345], 
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Telecommunications: Technological and Regulatory Factors Affecting 
Consumer Choice of Internet Providers [hyperlink, 
http://www.gao.gov/products/GAO-01-93], Oct. 12, 2000. 

Internet Census and Use Estimates [hyperlink, 
http://www.gao.gov/products/GGD-97-102R], May 12,1997. 

Banking: 

Electronic Banking: Enhancing Federal Oversight of Internet Banking 
Activities [hyperlink, http://www.gao.gov/products/GGD-99-91], July 6, 
1999. 

Electronic Banking: Experiences Reported by Banks in Implementing On-
line Banking [hyperlink, http://www.gao.gov/products/GGD-98-34], Jan. 
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Procurement Programs [hyperlink, 
http://www.gao.gov/products/GAO-02-1], Oct. 29, 2001. 

Electronic Government: Better Information Needed on Agencies' 
Implementation of the Government Paperwork Elimination Act [hyperlink, 
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[End of section] 

Footnotes: 

[1] Institutions such as Statistics Canada, the U.S. Department of 
Commerce, the Organization for Economic Cooperation and Development 
(OECD), and several U.S. private research and consulting firms have 
pioneered this work. The Department of Commerce's E-business steering 
group was initiated in 1998 and drew heavily from previous work by 
Statistics Canada. The OECD is an international organization 
representing 30 countries that researches a variety of economic, 
social, and governance issues to help member states better address the 
challenges of a global economy. 

[2] We met with researchers from Forrester Research, Inc. However, we 
did not independently analyze the quality of the company's methodology 
for developing international electronic commerce estimates. The 
methodology used to arrive at the company's estimates relies on a mix 
of quantitative and qualitative analysis. (See appendix I.) 

[3] Although the U.S. Census Bureau surveys generally do not allow a 
separation of international from domestic transactions, data from a 
1999 bureau retail survey provide a rough "guess-estimate" about the 
size of electronic commerce-related international trade. In that 
survey, the bureau attempted to get an estimate for international 
electronic commerce by asking companies to check the percentage range 
for electronic commerce sales that were generated by foreign 
customers. While a large number of companies did not report, the 
respondents typically noted that international electronic commerce 
sales accounted for less than 5 percent of total E-retail sales. If 
this percentage were applied to the entire sample, it would imply that 
international E-retail sales were less than $264 million for the 
fourth quarter of 1999 (a small portion of an already small number). 
One Census Bureau official noted that from this rough estimate it 
appears that the leading electronic commerce retailers are channeling 
international E-sales through foreign subsidiaries in lieu of 
conducting cross-border trade in goods and services. 

[4] See Barbara Fraumeni, "Electronic Commerce: Measurement and 
Measurement Issues," American Economic Review 91 (May 2001): 318-22; 
Ralph Kozlow, "International Accounts Data Needs: Plans, Progress, and 
Priorities," prepared for presentation to BEA Advisory Committee, 
Washington, D.C. (November 17, 2000); and Barbara Fraumeni, Ann 
Lawson, and Christian Ehemann, "The National Accounts in a Changing 
Economy: How BEA Measures Electronic Commerce," presented at the 
Brookings Workshop on Measuring E-commerce, Washington, DC (September 
1999). Likewise, the president's 2003 budget submission to Congress 
states that the growth of electronic commerce presents challenges to 
the statistical agencies and threatens the accuracy and timeliness of 
the nation's key statistics. 

[5] There is some skepticism about whether electronic commerce will 
lead to an explosion in low-value exports, since the Census Bureau's 
estimates indicate that business-to-business manufacturing and 
wholesale trade dominate electronic commerce activities and are more 
likely to consist of higher-valued goods. Forrester's research also 
suggests that international electronic commerce consists primarily of 
large packages, with low-value transactions making up a tiny portion 
of this commerce. Moreover, analysts and government officials maintain 
that because the electronic commerce-related portion of international 
trade is very small, the quality of the international trade statistics 
is not compromised. However, as the volume of electronic commerce 
trade increases, the undercounting of low-value transactions may 
worsen, if the information used to value them is not updated. 

[6] National Research Council, Behind the Numbers (Washington, D.C.: 
National Academy Press, 1992). 

[7] The president's 2003 budget submission to the Congress highlights 
the U.S. Department of Commerce's request for funding to generally 
strengthen federal statistics, especially in light of the growth of E-
commerce. For example, Commerce requested funds to improve measurement 
of services in the new economy, mainly through new quarterly surveys. 

[8] Kozlow, "International Accounts Data Needs," November 2000. 

[9] Fraumeni et al., "National Accounts in a Changing Economy." 

[10] See Pew Research Center for the People and the Press, "The 
Internet News Audience Goes Ordinary," at [hyperlink, 
http://www.peoplepress.org/tech98sum.htm]. 

[11] Exceptions to this general pattern of consumers dealing only with 
domestic retailers include cases such as going on foreign travel or 
using international mail order catalogs. However, because these were 
not widespread activities compared with those in the overall economy, 
authorities focused primarily on handling domestic complaints. 

[12] For certain types of products, other regulatory agencies may also 
provide consumer protection. For instance, the Food and Drug 
Administration is involved in addressing international pharmaceutical 
sales over the Internet. 

[13] For example, the FTC has brought more than 140 law enforcement 
actions since 1994 against more than 490 companies and individuals. 
Similarly, Justice has brought a number of criminal prosecutions 
against individuals and groups involved in Internet fraud, including 
auction schemes, investment schemes, and credit card fraud. However, 
most of these cases involved domestic issues. 

[14] This effort built upon FTC's existing database, Consumer 
Sentinel, which collects consumer complaints from the United States as 
well as Canada and Australia. 

[15] Both the Internet Fraud Complaint Center and econsumer.gov 
receive on-line complaints from consumers. Information can be shared 
from both sites, depending on the relevancy to each site's mission. 
FTC's econsumer.gov addresses consumer complaints broadly, while 
Justice's Internet Fraud Complaint Center focuses on criminal activity 
whether or not it involves consumers. 

[16] The Global Business Dialogue provides an inventory of trustmarks 
at [hyperlink, http://consumerconfidence.gbde.org/t_inventory.html]. 

[17] For example, the Better Business Bureau has announced 
partnerships with European, Japanese, Korean, and Chinese associations 
to offer international alternative dispute resolution with compatible 
complaint resolution procedures and technologies. See [hyperlink, 
http://www.BBBOnline.org]. 

[18] Consumer surveys have found that consumers are also concerned 
about government access to and monitoring of their personal 
information on line. However, law enforcement agencies' ability to 
deter and prosecute criminal activity on line requires some degree of 
access to personal information. 

[19] See, In the Matter of Geocities, File No. 982 3051 (1998), 
available at [hyperlink, 
http://www.ftc.gov/opa/1998/9808/geocitie.htm]; 
FTC v. Liberty Financial, File No 982 3522 (1999), available at 
[hyperlink, http://www.ftc.gov/opa/1999/9905/younginvestor.htm]; 
FTC v. Toysmart.com, LLC, and Toysmart.com, Inc. (Civ. Action No. 00-
11341-RGS) (D. Mass. 2000), available at [hyperlink, 
http://www.ftc.gov/opa/2000/07/toysmart2.htm]. 

[20] See, In the Matter of Eli Lilly, File No. 012 3214 (2002), 
available at [hyperlink, http://www.ftc.gov/opa/2002/01/elililly.htm]. 

[21] A country is considered to have "adequate" data protections if 
the European Commission certifies that its laws and regulations 
maintain the same levels of protection as the EU law. A company can be 
considered to have adequate data protections if the commission 
certifies it individually or if a special arrangement is made (such as 
a model contract) that is considered adequate by the commission. 

[22] The Safe Harbor is available to companies subject to enforcement 
of their privacy commitments by the Federal Trade Commission of the 
Department of Transportation. At the time the Safe Harbor framework 
was concluded, both sides agreed to continue discussions on the 
financial sector. The U.S. Treasury will lead these discussions. 

[23] A financial institution is obligated to comply with the opt-out 
provisions under Subtitle A only with respect to individual consumers 
who obtain a financial product or service to be used primarily for 
personal, family, or household purposes. 

[24] The Council of Europe (website. www.coe.int) consists of 43 
member states, including all of the members of the European Union. It 
was established in 1949 primarily as a forum to uphold and strengthen 
human rights and to promote democracy and the rule of law in Europe. 
Over the years, the COE has been the negotiating forum for a number of 
conventions on criminal matters in which the United States has 
participated. 

[25] These programs include, but are not limited to, the eEurope 
initiative [hyperlink, http://cybercrime-forum.jrc.it/default/], the 
Internet Action Plan [hyperlink, 
http://www.europa.eu.int/information_society/programmes/iap/index_en.htm
], the Information Society Technologies IST Program [hyperlink, 
http://www.cordis.lu/ist] and the next framework program for Research, 
Technological Development and Demonstration (RTD). 

[26] The Bank for International Settlements defines electronic money 
as "a stored-value or prepaid product that allows consumers to make 
small-value transactions using a chip or smart card or over computer 
networks such as the Internet." Internationally, the bank has been 
researching the potential policy implications of electronic money 
since 1996. The bank issues an annual report on the current status of 
electronic money development in countries around the world. 

[27] Within the U.S. government, the Federal Reserve takes the lead on 
tracking issues associated with the development of alternative payment 
systems. According to one Federal Reserve official, the issue is still 
too small to be of much concern. However, the Fed tracks the issue 
quite closely, because it could someday directly affect the Fed's 
primary mission of conducting monetary policy and providing oversight 
of the country's banking system. 

[28] In one domestic example, when Florida State University initially 
developed an E-money system to allow students to pay for books, fees, 
and other items from local vendors state banking regulators found the 
university was improperly engaging in banking without a license. 

[29] Public Law No. 106-229, 114 Stat. 464 (2001). 

[30] The EU "Directive on a Community Framework for Electronic 
Signatures," 1999/93/EC, dated December 1999. 

[31] WIPO administers 23 treaties (2 of those jointly with other 
international organizations) and carries out a program of work, 
through its member states and secretariat, that seeks to: harmonize 
national intellectual property legislation and procedures, provide 
services for international applications for industrial property 
rights; exchange intellectual property information; provide legal and 
technical assistance to developing and other countries; facilitate the 
resolution of private intellectual property disputes; and marshal 
information technology as a tool for storing, accessing, and using 
valuable intellectual property information. 

[32] The United States ratified the World Intellectual Property 
Organization Copyright Treaty and WIPO Performances and Phonograms 
Treaty following the Senate's advice and consent, after the enactment 
of the 1998 Digital Millenium Copyright Act. 

[33] Taxes in the United States are generally levied based on the 
income earned or retail price of the product in question. In addition 
to income taxes, EU member countries also collect taxes based on the 
value added during each stage of the production and distribution 
process. 

[34] U.S. local and state governments may, however, collect taxes on 
that material directly from their own residents. 

[35] The OECD is an international organization representing 30 countries
that researches a variety of economic, social, and governance issues to
help member states better address the challenges of a global economy. 

[36] In February 2002, the finance and economics ministers from all 15 
member states of the European Union agreed on the broad outlines of 
this approach. The proposal will go into effect in July 2003. 

[37] We spoke with the European American Business Council, a business 
association representing a large number of companies in North America 
and Europe, as well as several individual U.S. companies involved with 
international electronic commerce. 

[38] The Global Business Dialogue is a business association 
representing companies from North America, Europe, and Asia that works 
with national governments and international organizations to further 
the development of a global policy framework for electronic commerce. 

[39] See the president's 2001 International Trade Legislative Agenda 
at [hyperlink, http://www.ustr.gov]. 

[40] Services are negotiated under a separate agreement from goods, 
and members are able to negotiate commitments in a way that may limit 
the expansion of electronic commerce. For example, members may limit 
market access for suppliers of telecommunications services, which 
could thereby prevent the expansion of important services
necessary for electronic commerce. 

[41] As a general principle, the United States has proposed that 
digital products should, at a minimum, receive the most liberal trade 
treatment possible under existing trade rules. 

[42] Free trade agreements generally eliminate tariff duties and other 
barriers on substantially all trade between the member countries and 
may include other provisions covering subjects such as antidumping of 
goods, investment, and government procurement. 

[43] For more information on U.S. trade agreements, see the Web site 
of the U.S. Trade Representative at [hyperlink, http://www.ustr.gov]. 
For the text of the U.S.-Jordan Free Trade Agreement, see [hyperlink, 
http://www.ustr.gov/regions/eu-med/middleeast/US-JordanFTA.shtml]. 

[44] Free Trade Area of the Americas negotiators established nine 
negotiating committees to draft different components of the eventual 
trade agreement, such as services, agriculture, and investment. In 
addition, three non-negotiating committees, including electronic 
commerce, were established to provide input to negotiators on broad, 
cross-cutting issues. 

[45] Intranet computer networks are used to share confidential 
information and resources among an enterprise's employees without 
having the data available to everyone who has Internet access. 

[46] EDI allows the direct communication of standardized trading 
messages between computer systems. In the pre-Internet era, EDI 
systems were used primarily by large businesses and were strictly 
proprietary: that is, conducted over private networks. This 
interchange required custom software and dedicated communication links 
and, at times, strictly compatible equipment. With the advent of the 
Internet, some EDI systems were transformed into open networks. 

[47] Some electronic commerce definitions include transactions enabled 
by other electronic communication media such as facsimile (fax) and 
automated teller machines. 

[48] The emphasis on commitment extends directly from the standard 
definition for commerce itself. According to the American National 
Standards Institute's definition, commerce is "the process by which an 
order is placed or accepted, therefore representing a commitment for a 
transfer of funds in exchange for goods or services." Consequently, 
the majority of the entities with electronic commerce-measurement 
programs consider a transaction to be an electronic commerce 
transaction if the commitment to buy a good or service is expressed on 
line. 

[49] These include the Annual Survey of Manufactures, the Annual Trade 
Survey, the Service Annual Survey, and the Annual Retail Trade Survey. 
Census's electronic commerce estimation program does not cover 
agriculture, mining, construction, utilities, non-merchant wholesale 
trade, or some parts of the service sector and therefore does not 
measure the entire E-economy. 

[50] An important prerequisite for international electronic commerce 
is that the population must have access to the Internet, which in turn 
requires a personal computer. However, within the OECD, the rates of 
home computer ownership and network connection differ dramatically 
(see OECD, "Measuring the New Economy: Trade and Investment 
Dimensions," Working Party of the Trade Committee, 2001). 

[51] See Thomas Mesenbourg, "Measuring the Digital Economy," 
[hyperlink, http://www.census.gov/estats]. 

[52] eMarketer, Inc., eCommerce: B2C, 2001. 

[53] Differences in definitions, methodologies that underpin the 
estimates, assumptions about growth potential, and sample sizes 
guarantee not only a wide range of estimates for electronic commerce 
but also difficulty in comparing and evaluating those estimates. 

[54] GAO economists were instructed on the methodologies used by 
Forrester Research, IDC, and eMarketer by these firms, respectively. 
The differences between the methodologies were significant, partly 
explaining the large discrepancies in forecasts. However, there is 
debate over which of the many private-sector estimates are more 
accurate, especially because for many estimates the methodology, 
coverage, and survey questions underlying the estimates are not 
transparent. 

[55] For example, see "U.S. Merchandise Trade Statistics: A Quality 
Profile," on the Census Bureau's Web site (www.census.gov); Ralph 
Kozlow, "International Accounts Data Needs: Plans, Progress and 
Priorities," (2000); J. Steven Landefeld and Barbara Fraumeni, 
"Measuring the New Economy," Survey of Current Business (March 2001); 
U.S. Trade Deficit Review Commission, "The U.S. Trade Deficit: Causes, 
Consequences, and Recommendations for Action," www.ustdrc.gov; 
November 2000; National Research Council, Behind the Numbers 
(Washington, D.C.: National Academy Press, 1992); U.S. General 
Accounting Office, Economic Statistics: Measurement Problems Can 
Affect the Budget and Economic Policymaking, [hyperlink, 
http://www.gao.gov/products/GAO/GGD-95-99] (Washington, D.C.: May 
1995); and Peter Hooper and J. Richardson, International Economic 
Transactions (Chicago: University of Chicago Press, 1991). 

[56] U.S. Census Bureau, "Understatement Export Merchandise Trade 
Data," (Washington, D.C.: 1998), [hyperlink, 
http://www.census.gov/foreigntrade/aip/expunder2.html]. 

[57] See, U.S. General Accounting Office, Measuring U.S.-Canada Trade: 
Shifting Trade Winds May Threaten Recent Progress, [hyperlink, 
http://www.gao.gov/products/GAO/GGD-94-4] (Washington, D.C.: January 
1994); U.S. General Accounting Office, Customs Service: Trade 
Enforcement Activities Impaired by Measurement Problems, [hyperlink, 
http://www.gao.gov/products/GAO/GGD-92-123] (Washington, D.C.: 
September 1992); U.S. General Accounting Office, Federal Trade 
Statistics—Some Observations, [hyperlink, 
http://www.gao.gov/products/GAO/OCE-89-1BR] (Washington, D.C.: April 
1989); U.S. Census Bureau, "U.S. Merchandise Trade Statistics: A 
Quality Profile" (Washington, D.C.. December 1998); hyperlink, 
http://www.censlis.gov/foreign-trade/aip/qprofile121198.html]; 
National Research Council, Behind the Numbers. 

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