WASHINGTON, D.C. – Congress this week approved S. 1608, the “Undertaking Spam, Spyware, And Fraud Enforcement With Enforcers Beyond Borders Act of 2006” (US SAFE WEB Act of 2006). The measure was sponsored by Senator Gordon Smith (R-Ore.) and co-sponsored by Commerce Committee Chairmen Ted Stevens (R-Alaska) and Daniel Inouye (D-Hawaii), as well as Senators John McCain (R-Ariz.), Conrad Burns (R-Mont.) Bill Nelson (D-Fla.), Mark Pryor (D- Ark.) and Byron Dorgan (D-ND). The bill will improve the Federal Trade Commission’s ability to provide more effective international consumer protections specifically to combat spam, spyware, and Internet fraud and deception.

 

 

 

·        Broadening Reciprocal Information Sharing.  Allows the FTC to share confidential information in consumer protection cases with foreign law enforcers.

 

·        Expanding Investigative Cooperation. Allows the FTC and foreign law enforcement agencies to obtain investigative assistance from one another in combating these consumer issues.

 

·        Increasing Information from Foreign Sources. Exempts information from foreign agencies from public disclosure laws, which will increase their sharing of information with the FTC.

 

·        Enhancing Confidentiality of FTC Investigations.  Prevents notifying subjects of investigations if they may be likely to destroy evidence or move assets offshore.

 

·        Protecting Certain Entities Reporting Suspected Fraud and Deception.  Protects entities from liability for voluntary disclosures to the FTC relating to suspected fraud and deception, increasing the likelihood of such disclosures from third parties. 

·        Allowing Information Sharing with Federal Financial and Market Regulators.  Helps FTC track proceeds of fraud and deception sent through U.S. banks to foreign jurisdictions so they can be returned to victims.

 

·        Confirming FTC’s Remedial Authority in Cross-Border Cases.  Avoids challenges to FTC jurisdiction issues and encourages the full range of remedies for U.S. consumer victims in foreign courts.

 

·        Enhancing Cooperation between FTC and DOJ in Foreign Litigation.  Permits the FTC to work with DOJ to increase the resources relating to FTC-related foreign litigation, such as freezing foreign assets and enforcing U.S. court judgments abroad.

 

·        Clarifying FTC Authority to Make Criminal Referrals.  Authorizes the FTC to share information with criminal authorities, which will improve information sharing with foreign agencies that treat consumer fraud and deception as a criminal law enforcement issue.

 

·        Providing for Foreign Staff Exchange Programs.  Allows for foreign staff exchanges between the FTC and foreign agencies that will improve international law enforcement skills.

 

·        Requiring a Report to Congress.  Requires the FTC to report to Congress within three years after the enactment of this Act.