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 Computer Law

Mr. Roosevelt, I am afraid of fear itself.
February 2000


Bill Wood is an Assistant City Attorney, in the San Antonio City Attorney's Office. He practices real estate and technology law for the city .

President Roosevelt consoled America during the dark days of World War II that the only thing we had to fear was fear itself. At a time when we needed bravery, it engendered courage. 

Many of the developments in Computer Law have to do with providing security. Privacy demands, concerns about monopolies, encryption, tax audits have all become a part of computer life. But OSHA inspecting our homes if we used our personal computers for work made all the paranoia of the radio talk shows seem less far-fetched. Maybe there was something new to fear. 

Writing these monthly Computer Law columns presents an interesting challenge. I try to find topics that would interest members of the organization. That task can be complicated by later developments at the last minute that can cause me to throw away a column. At best, those events can make me rewrite it. Few branches in law are developing as rapidly as the legal aspects of technology and the Internet. 

That was the situation this month. I had researched the recent announcement that the Occupational Health and Safety Administration (OSHA) considers employers liable for the working conditions in home offices. In case you missed it, OSHA had issued a compliance letter to a Texas company (CSC Credit Services in Houston) that indicated OSHA would hold employers responsible for providing a safe work environment if it allows workers to use a home office. "An important factor in the development of these arrangements is to ensure that employees are not exposed to reasonably foreseeable hazards created by their at-home employment. Ensuring safe and healthful working conditions for the employee should be a precondition for any home-based work assignments." That is what OSHA wrote to the company. The document is now located at http://www.osha-slc.gov/html/hot_4.html

Well, I thought I had a great column. Most of us take work home. Up until I read the letter from OSHA I thought the biggest legal issue in working at home would be a discovery request from a plaintiffs lawyer seeking to inspect the contents of an employee's home computer. The idea that the work area itself would be of interest to a federal agency never entered my mind. Just think, OSHA placards on our walls would really brighten the decor. The bright yellow warning strips on our stairs would also be a nice touch. Think of the joy our spouses would feel when our employer's safety office comes to inspect our home office late at night. Finally, filling out accident reports when we trip over the extension cords that provide the charge to our laptop batteries would be a great way to spend a weekend. Paranoia,  no. That would be plain scary. 

It sure would make an interesting article. Maybe it still does. OSHA did almost ruin it for me. 

As I prepared this article, the Secretary of Labor, Alexis M. Herman, rescinded the letter. www.lawnewsnetwork.com/stories/A12919-2000Jan6.html. Are we safe? Well, the answer is a definite, "Maybe." Do you mean from the hazards or from the inspections? 

Although the letter has been withdrawn, the current plan is to convene yet another study group to make recommendations. The reasons cited for the reversal were attributed to "widespread confusion and unintended consequences for others."  Note, the statement did not say the original letter was wrong. In fact, the statement included, "[w]e need a process where we can sit down with stakeholders, including employers and employees, to determine the best way to ensure the safety and health of America's workers now and in the future." This is one area where employers and workers should follow the developments carefully. Telecommuters and home-based sales representatives have special interests that may not be protected otherwise. 

But then, at the last minute, just when I thought there really was nothing to fear, AOL acquired Time-Warner.  Now we have the largest ISP (Internet Service Provider) owning our cable system (including its high-speed internet service) and CNN.  Now that is something to think and write about. 

UPDATES
Things are moving quickly. Mike Bianchi was the first person to point out the error in my column last month. I left out a date in the first draft. I had intended to double-check it before I typed in the date of passage for the Internet Tax Freedom Act. Unfortunately, I verified that it was passed in October 1998. What I did not do was fill-in the blank in my article. So, please take out your pen and turn to my article and enter "October, 1998," into the following paragraph, 
 

"President Clinton has made an Internet tax moratorium an administration priority.  The Internet Tax Freedom Act has been in effect  since October, 1998, and it generally  provided:..."
The Advisory Commission on Electronic Commerce has announced that it will hold a public meeting in Dallas on March 20th and 21st. As mentioned in last month's article, this commission will be responsible for making recommendations regarding future taxation of the Internet and electronic commerce. 

WEBSITE OF THE MONTH
INTERNATIONAL TRADE REGULATIONS

As bright as the San Antonio economy has been the last few months there is always room for improvement. The Internet made it possible to introduce our local goods to the world. 

I think nothing would be better than for San Antonio's development than a strong export trade. The redeveloped Kelly AFB into an international distribution facility can provide local businesses the best opportunity in years to get into the world-wide market. 

Shipping the product to customers around the world can be a real problem. The red tape involved with tariffs and duties may make it seem like more trouble than it's worth. Before you give up, check out the website for exporters that has been developed by the Small Business Administration and the Partnership for Reinventing Government. TradeNet's Export Advisor contains the basic information and a guide to the paperwork. If you want to learn the difference between a Bill of Lading and a Certificate of Origin, you will find answers there. 


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