Bylaws and Operating Procedures
Federal Trade Commission
Advisory Committee on Online Access and Security
Section I: Purpose
The purpose of the Advisory Committee is to provide advice and recommendations to the Federal Trade Commission ("Commission") regarding implementation of certain fair information practices by domestic commercial Web sites - specifically, providing online consumers reasonable access to personal information collected from and about them and maintaining adequate security for that information, in order to optimize the value of the Internet and to build consumer confidence. The Advisory Committee will consider the parameters of reasonable access to personal information and adequate security and will present options for implementation of these information practices, as well as the costs and benefits of each option, in a written report to the Commission.
Section II: Authority
The Administrator of General Services has determined that establishment of the Advisory Committee is in the public interest. As outlined in its Charter, the Advisory Committee is subject to the Federal Advisory Committee Act ("FACA"). 5 U.S.C. App. §§ 2 et seq.
Section III: Membership Selection and Appointment
Members of the Advisory Committee are appointed by the Commission for the full term of the Advisory Committee, which runs from February 4, 2000, through May 31, 2000. Members are selected for their ability to represent effectively the broad range of interests affected by the issues under consideration.
Membership includes the responsibility to attend all Advisory Committee meetings personally. The Commission reserves the right to replace any member who is unable to fully participate in the Advisory Committee's meetings. Substitutes will not be permitted to represent Advisory Committee members without prior written agreement of the Designated Federal Officer ("DFO").
Section IV: Meeting Procedures
The Advisory Committee will meet on February 4, 2000; February 25, 2000; March 31, 2000; and April 12, 2000; and additionally as may be required until expiration of the Advisory Committee on May 31, 2000. No meeting shall be held in the absence of a quorum, which shall consist of a simple majority of the Advisory Committee's membership. Meetings will be called by the DFO according to the following considerations:
A. Agenda: The DFO will approve the agenda for all meetings. The DFO will distribute an agenda to the members prior to each meeting and will publish a summary of the agenda with the notice of each meeting in the Federal Register at least 15 days prior to the meeting. Items for the agenda may be submitted to the DFO by any member of the Advisory Committee. Items may also be suggested by non-members, including members of the public.
B. Transcripts: All meetings of the Advisory Committee will be transcribed. The transcript will include: (1) the time, date and place of the meeting; (2) a record of the persons present (including the names of Advisory Committee members, names of Commission staff, and the names of members of the public from whom written or oral presentations were made); and (3) a complete and accurate description of the matters discussed and conclusions reached, including copies of all reports or other documents received, issued or approved by the Advisory Committee at the meeting. The accuracy of the transcript shall be certified to by the DFO. The original transcript will be maintained at the Office of the Secretary of the Federal Trade Commission, and will be made available for public inspection and copying. In addition, a copy of the transcript will be made available to the public on the Advisory Committee's Web page, www.ftc.gov/acoas.
C. Open Meetings: All meetings of the Advisory Committee will be open to the public. Once an open meeting has begun, it will not be closed for any reason. All materials brought before, or presented to, the Advisory Committee during the conduct of an open meeting, including the transcript of an open meeting, will be available to the public for review or copying at the time of the scheduled meeting or as soon thereafter as reasonably possible. Members of the public may attend any meeting of the Advisory Committee, and may, at the determination of the DFO, offer oral comment at such meeting. Members of the public may submit written statements to the Advisory Committee at any time.
Section V: Documents and Recordkeeping Requirements
A. Advisory Committee Records: All documents, reports, or other materials prepared by, or for, the Advisory Committee ("Advisory Committee Records") constitute official government records and must be maintained according to Commission policies and procedures. Advisory Committee Records include, but are not limited to, records, reports, transcripts, minutes, appendixes, working papers, drafts, studies, agendas, and other documents made available to or prepared for or by the Advisory Committee.
B. Copies: Advisory Committee members must bring electronic and paper copies of any documents that they intend to distribute at Advisory Committee meetings. Members should bring enough copies for all Advisory Committee members, the DFO, the court reporter, and two extra copies. If this is not possible, the documents should be submitted to Commission staff for copying at least 5 business days in advance of the meeting. Such documents should be sent via email to firstname.lastname@example.org; alternatively, they may be sent to Hannah Stires, Division of Financial Practices, Federal Trade Commission, 600 Pennsylvania Avenue, N.W., Mail Stop 4429, Washington, DC 20580.
C. Public Access: A copy of all Advisory Committee Records will be maintained at the Office of the Secretary of the Federal Trade Commission, and will be made available for public inspection and copying. In addition, all such records will be made available to the public on the Advisory Committee's Web page, www.ftc.gov/acoas.
D. Comments: All written comments submitted by the public to the Advisory Committee will be maintained at the Office of the Secretary of the Federal Trade Commission. In addition, all written comments will be made available to Advisory Committee members and to the public on the Advisory Committee's Web page, www.ftc.gov/acoas.
Section VI: Subgroups
It is expected that Advisory Committee members may form subgroups. No subgroup shall have more than 19 members. Subgroups shall report to the Advisory Committee only; they shall not report to the Commission. Meetings of subgroups are not subject to the FACA, and will not be open to the public. However, working papers used by the subgroup to make recommendations to the Advisory Committee shall be given to the DFO and are Advisory Committee Records, and shall be handled in accordance with Section V of these Bylaws.
Section VII: Voting
When a decision or recommendation of the Advisory Committee is required, the DFO will request a motion for a vote. Any member, as well as the DFO, may make a motion for a vote. Decisions shall be by simple majority.
Section VIII: Role of the Designated Federal Officer
The DFO serves as the Commission's agent for all matters related to the Advisory Committee's activities. By law, the DFO must: (1) approve or call each meeting of the Advisory Committee; (2) approve agendas; (3) attend all meetings; and (4) adjourn the meetings when such adjournment is in the public interest. By the direction of the Commission, the DFO will also chair meetings of the Advisory Committee.
In addition, the DFO is responsible for providing adequate staff support to the Advisory Committee, including performance of the following functions: (1) notifying members of the time and place for each meeting; (2) maintaining records of all meetings, as required by law; (3) maintaining the records of Advisory Committee membership attendance; (4) maintaining the official transcript of each Advisory Committee meeting; (5) maintaining official Advisory Committee Records and filing all papers and submissions prepared for or by the Advisory Committee; and (6) preparing and handling the annual comprehensive review and the annual report to the General Services Administration required by the FACA.
Section IX: Expenses and Reimbursement
The Commission will provide the necessary support services for the Advisory Committee, including a court reporter, transcripts of meetings, and photocopying. Members of the Advisory Committee will not be compensated, and must bear the cost of their own travel-related expenses.