Subj: Online Privacy: Perspectives of Information Technology Association of America From: Mark Uncapher, Vice President, ITAA, 703-284-5344, muncapher@itaa.org To: Internet Caucus Advisory Committee EXCERPT FROM ITAA ONLINE PRIVACY STATEMENT: INTERNET REGULATION & DIGITAL OPPORTUNITY EXISTING REGULATION Beyond the restraint that consumers exercise in the use of personally identifiable information, there are numerous state and Federal laws that govern its use. This includes laws affecting financial, medical and children’s information. Our privacy laws have generally focused on regulating the **use** of sensitive information, rather than attempting to dictate how consumer records are **maintained.** This American approach of focusing on the areas of greatest concern reflects a careful balancing of consumer interests. A clear distinction should continue to be drawn between what is “personally identifiable information” and what is “non- personally identifiable information.” As a broad principle, ITAA cautions against any regulations which would discriminate against online commerce by establishing requirements not faced in the more traditional brick and mortar economy. Many other studies have linked the productivity gains resulting from the information technology networks as a vital contributor to the long prosperity the country has enjoyed in this decade.