Why Laws, Standards and Rules?

I love most standards and many rules, but I don't know all the 40,000 estimated laws in this country, so I'm at a disadvantage here. But each law, standard or rule, has both advantages and disadvantages, which should be obvious to anyone forced to follow them. Don't get me wrong, I promote all three, but with wisdom (usually from educated and informed individuals and organizations).

We need these things if we're going to have a civilization. For example, we have motor vehicle laws and rules. The laws govern the big things, and the rules govern the little ones. I must have a valid driver's licence, and my car here in NJ must be registered and have auto insurance in order for me to legally drive. But "Speed Limit 35" or "Speed limit 65" are rules for various stretches of roadways, and can change. In government rules are called regulations, and how we get them, ideally, is thru "rulemaking" -- a process where supposedly smart people make the rules. That's why I love reading the NJ Register - NJ's rules books. And as a citizen I have a right to comment on proposed rules. That's participatory government, but few private citizens participate that way. Mostly its the special interests that 'guide' the outcome of rules (and laws). So we need more input from us, the populace -- well, someday we'll get it.

So laws and their follow up rules govern our modern civilization. Then come standards, somewhere in between and comprising both. For example, a standard of behavior in America is to hold the door open for other people before entering, or to hold it open if they're behind you. Civilized, but not a law, and not a written rule, especially in some other countries. Also like standing in a single line waiting to be seated in a restaurant, or ordering at McDonald's. Those are an American thing. Breaking laws and rules usually have penalties for noncompliance, like littering (if you're caught). Breaking standards just means you won't be able to sell your product in the marketplace well (like not having the universal size of toilet openings), or you piss someone off by cutting in line; unless you create a new universal standard, which is big business, like a 'killer app."

And this is the age of new standards what with computers, complex societal structures, internet etc. etc. I use the internet a lot, so here are some of my proposed standards:

1. When I buy something online, tell me the full cost up front in big numbers, not in the small print of "agreements." Anyway, agreements are between the parties, but onerous online agreements are all one way -- in the seller's favor exclusively. Of course some are better than others, but the point is, it's one way.
I have to tell you, as a contracts manager for thirty years, an agreement, which is an euphemism as its used today, is a binding contract if you click 'I Accept,' so be cautious. Read it first you dummy!
And by the way, Let me read the full agreement. Let me print it in all cases, even before I click (and especially after), and it should be signed by both parties AND DATED at the time of acceptance. That's fairer. That's a real contract. I won't even go into buyer's and seller's terms, and negotiation.

2. Let me print and save the receipt. Give me a confirmation or order number. Send me a confirming email after I purchase. Every purchase must say on the receipt '30 Day Return Period -- No Questions Asked,' unless you ask nicely and I want to tell you why. There may be exceptional things like clothing worn by the purchaser, for example.

3,. Every product must have a manufacturer's warranty against defects, and must have a stated warranty for fitness and merchantability, not an 'impled warrangty.' What good is implied? It doesn't protect me in a dispute well at all. All product warranties must have a minimum 30 day money back guarantee if not satisfied, and that's ALL products. (Except for a max 10% restocking fee -- they have to check the return for defects and maybe repackage it before sending it back to the warehouse for a new sale,) If I was making the laws it would be a minimum 90 days. My Sears lawn tractor lost a wheel twice within 90 days (but I still prefer it to others). And the warranty must be printed on the packaging in big letters, including the time period. Include a sheet with the product of rights and responsibilities if you like, and warranty info, or attach it online to the order.

4. Every product should have understandable English operating instructions if applicable. The better companies put product manuals online (yeah!).

5. It should be illegal to use the unqualified word "Free" in all ads or promotions, unless its truly free. NOT a "FREE" Trial, where I have to agree to automatic payments after 14 days. Free should mean free. The better companies are doing just that.

6. Abolish evergreen contracts. An evergreen contract is one in which you are billed (just doing that would be okay, with notice), an amount to your credit card 'automatically.'  All payments on the internet must have a positive, clickable response from the buyer in the terms of each purchase. That's only fair.

7. Full disclosure. Right now we pay lip service to it. The so called privacy rights bullshit etc.

8. It should be illegal to sell my personal information or give it to anyone without my express permission. Good sites let me click if I want info from third parties, for example.

9. Do NOT pre-click those tiny boxes for me. I must click them myself.

That's a few for now.

Oh and by the way, we need a uniform internet products and services federal tax, we're way overdue. Level the playing field! That's fair to other businesses. BUT DO NOT PAY THE STATES! Let the Feds collect say 6 or 7%, take 1 or 2% for administration, and let the Feds distribute them back to the states monthly based on where the purchaser lives. Whatever you do, don't let these tax obsessed states set their own tax rate. Talk about onerous! That adds complexity and millions in costs to all businesses to comply, stifles competition, and kills small businesses that want to expand.

I hope someday we'll be able to do that globally as well. In that case let the country set its own sales tax rate, but have an international body oversee it. And when that higher sales tax rate shows on your purchase order form, consumers will determine whether its fair or not, all shipping costs aside.