Study finds N.C. laws short-circuit e-commerce.

PositionEconomic Outlook - Interview

Rob Atkinson is vice president of the Washington, D.C.-based Progressive Policy Institute, a think tank affiliated with the Democratic Leadership Council, and co-author of a study of state electronic-commerce laws. The study graded states on how much their laws hindered Internet purchases of things such as contact lenses, prescriptions, medical advice, mortgages, cars and wine. It also rated their Internet-access taxes, the ease of doing government business online and whether they recognize electronic signatures. Only four other states were rated as more hostile to e-commerce than North Carolina--even though it has no Internet-access tax and recognizes e-signatures.

BNC: Why should people here care that you think our laws are hostile to e-commerce?

Atkinson: To the extent that a state is ranked low means that its citizens can't do as much as they would otherwise be able to do on the Internet. And if they can do it, it costs them more money to do it.

What implications do such laws have for North Carolina businesses?

It's a mixed bag. For certain businesses, there's no question that more-liberalized, consumer-friendly e-commerce laws will hurt.

You mean bricks-and-mortar vendors facing online competitors?

Right. They're not going to lose 100% market share because there are people who, for a variety of reasons, will always choose bricks- and-mortar. But they'll certainly lose some.

Can't laws that hinder e-commerce be justified as consumer protections?

Some can. But some of the groups that have opposed these laws are consumer-protection groups. The Consumer Federation of America is leading the charge to get rid of automobile-franchise restrictions, which require dealers to have an office in communities where they sell. And consumer groups have fought against restrictions on online contact-lens prescriptions.

You take issue with states requiring doctors to physically examine patients before prescribing drugs. A physical seems like a good idea.

The key word is "physically." That's not to say they shouldn't require a consult with the patient. But there are other ways to consult. Why shouldn't someone who's living in a rural community be able to access the best doctor in the nation by telemedicine? They might be able to send their vital statistics up that way. They might have a Web camera looking at them. We're talking about licensed doctors, who can say, "Sorry, I don't know enough to prescribe...

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