January 5, 2000
Mr. Donald S. Clark
Re: Advisory Committee on Online Access and Security - Nomination, P004807
Dear Mr. Secretary:
Pursuant to the December 21, 1999 Federal Register notice requesting nominations for an Advisory Committee on Online Access and Security, 64 Fed. Reg. 71,475, I hereby request that I be considered for appointment to this committee.
By way of background, I am a partner in the Washington office of Clifford Chance Rogers & Wells, a global law firm that represents numerous U.S. and foreign financial institutions, telecommunication and internet service providers, e-commerce enterprises, manufacturers, media organizations, trade associations, and non-profit entities that are significantly involved in the on-line collection, dissemination, and use of confidential data. Clifford Chance Rogers & Wells, a U.S. partnership, has offices and clients operating in all major financial centers in the Americas, Europe, and Asia.
We are also assisting U.S. financial institutions to modify their existing privacy policies to comply with the rules that the Federal Trade Commission and other regulators will promulgate soon under the FMAs new consumer privacy requirements. Institutions engaged in trans-Atlantic data transfers must also decide whether to qualify under the "International Safe Harbor Privacy Principles" that the United States has proposed to harmonize U.S. and European data protection mechanisms, once the two parties agree on the final terms of the Safe Harbor.
In addition, our firm provides extensive First Amendment and related advice to several media organizations that increasingly use online data sources in their news coverage. Attorneys in our intellectual property practice also have expertise with certain technical aspects of online privacy issues, data encryption, and e-commerce generally.
I am confident that I can constructively contribute to the Advisory Committee based on my own experience in this field, as well as the expertise of my European partners and the firms clients that have dealt with similar online privacy issues in the United States and Europe. Among other things, I have counseled clients regarding their obligations under various federal financial privacy statutes, and the implications for their businesses of the European Commissions ("EC") so-called "Privacy Directive" and the U.S. Safe Harbor Principles.
Finally, as I am based in our Washington office, I would be easily available for all meetings of the Advisory Committee.
For the foregoing reasons, I respectfully request that I be considered for appointment to the Advisory Committee on Online Access and Security. I believe that my experience in advising clients that actively collect and use personal data online, and my access to a broad range of collective knowledge on privacy policies in other countries and insights in related subjects including intellectual property and First Amendment issues, would further the Committees objectives by providing a balance of perspectives.
Please do not hesitate to contact me at (202) 434-0828 should you require any further information in this regard.