[Federal Register Volume 75, Number 8 (Wednesday, January 13, 2010)]
[Proposed Rules]
[Pages 1734-1735]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-291]
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FEDERAL TRADE COMMISSION
16 CFR Part 312
Children's Online Privacy Protection Rule Safe Harbor Proposed
Self-Regulatory Guidelines; i-SAFE, Inc. Application for Safe Harbor
AGENCY: Federal Trade Commission (FTC or Commission)
ACTION: Notice announcing submission of proposed ``safe harbor''
guidelines and requesting public comment.
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SUMMARY: The Federal Trade Commission publishes this notice and request
for public comment concerning proposed self-regulatory guidelines
submitted by i-SAFE, Inc. under the safe harbor provision of the
Children's Online Privacy Protection Rule.
FOR FURTHER INFORMATION CONTACT: Mamie Kresses, Attorney, (202) 326-
2070, Division of Advertising Practices, Federal Trade Commission,
Washington, D.C. 20580.
DATES: Written comments must be received by March 1, 2010.
ADDRESSES: Interested parties are invited to submit written comments
electronically or in paper form, by following the instructions in the
Invitation To Comment part of the SUPPLEMENTARY INFORMATION section
below. Comments in electronic form should be submitted by using the
following weblink: (https://public.commentworks.com/ftc/iSAFEsafeharbor) (and following the instructions on the web-based
form). Comments in paper form should be mailed or delivered to the
following address: Federal Trade Commission, Office of the Secretary,
Room H-135 (Annex E), 600 Pennsylvania Avenue, NW, Washington, DC
20580, (202) 326-2252.
SUPPLEMENTARY INFORMATION:
Section A. Background
On October 20, 1999, the Commission issued its final Rule\1\
pursuant to the Children's Online Privacy Protection Act, 15 U.S.C.
6501, et seq, which became effective on April 21, 2000.\2\ The Rule
requires certain website operators to post privacy policies, provide
notice, and obtain parental consent prior to collecting, using, or
disclosing personal information from children. The Rule contains a
``safe harbor'' provision enabling industry groups or others to submit
to the Commission for approval self-regulatory guidelines that would
implement the Rule's protections.\3\
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\1\ 64 FR 59888 (1999).
\2\ 16 C.F.R. Part 312.
\3\ See 16 C.F.R. Sec. 312.10; 64 FR at 59906-59908, 59915.
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Pursuant to Section 312.10 of the Rule, iSAFE has submitted
proposed self-regulatory guidelines to the Commission for approval. The
full text of the proposed guidelines is available on the Commission's
website, at (www.ftc.gov/bcp/isafesafeharborapplication.pdf).
Section B. Questions on the Proposed Guidelines
The Commission is seeking comment on various aspects of the
proposed guidelines, and is particularly interested in receiving
comment on the questions that follow. These questions are designed to
assist the public and should not be construed as a limitation on the
issues on which public comment may be submitted. Responses to these
questions should cite the numbers and subsection of the questions being
answered. For all comments submitted, please provide any relevant data,
statistics, or any other evidence, upon which those comments are based.
1. Please provide comments on any or all of the provisions in the
proposed guidelines. For each provision commented on please describe
(a) the impact of the provision(s) (including any benefits and costs),
if any, and (b) what alternatives, if any, iSAFE should consider, as
well as the costs and benefits of those alternatives.
2. Do the provisions of the proposed guidelines governing
operators' information practices provide ``the same or greater
protections for children'' as those contained in Sections 312.2-312.8
of the Rule?\4\ Where possible, please cite the relevant sections of
both the Rule and the proposed guidelines.
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\4\ See 16 C.F.R. Sec. 312.10(b)(1); 64 FR at 59915.
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3. Are the mechanisms used to assess operators' compliance with the
guidelines effective?\5\ If not, please describe (a) how the proposed
guidelines could be modified to satisfy the Rule's requirements, and
(b) the costs and benefits of those modifications.
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\5\ See 16 C.F.R. Sec. 312.10(b)(2); 64 FR at 59915.
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4. Are the incentives for operators' compliance with the guidelines
effective?\6\ If not, please describe (a) how the proposed guidelines
could be modified to satisfy the Rule's requirements, and (b) the costs
and benefits of those modifications.
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\6\ See 16 C.F.R. Sec. 312.10(b)(3); 64 FR at 59915.
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5. Do the guidelines provide adequate means for resolving consumer
complaints? If not, please describe (a) how the proposed guidelines
could be modified to resolve consumer complaints adequately, and (b)
the costs and benefits of those modifications.
Section C. Invitation to Comment
All persons are hereby given notice of the opportunity to submit
written data, views, facts, and arguments addressing the proposed self-
regulatory guidelines. The Commission invites written comments to
assist it in ascertaining the facts necessary to reach a determination
as to whether to approve the proposed guidelines. Written comments must
be received on or before March 1, 2010, and may be submitted
electronically or in paper form. Comments should refer to ``iSAFE Safe
Harbor Proposal, P094504'' to facilitate the organization of comments.
Please note that your comment - including your name and your state -
will be placed on the public record of this proceeding, including on
the publicly accessible FTC website, at
[[Page 1735]]
(http://www.ftc.gov/os/publiccomments.shtm).
Because comments will be made public, they should not include any
sensitive personal information, such as any individual's Social
Security number; date of birth; driver's license number or other state
identification number, or foreign country equivalent; passport number;
financial account number; or credit or debit card number. Comments also
should not include any sensitive health information, such as medical
records or other individually identifiable health information. In
addition, comments should not include any ``[t]rade secret or any
commercial or financial information which is obtained from any person
and which is privileged or confidential. . . ,'' as provided in Section
6(f) of the Federal Trade Commission Act (``FTC Act''), 15 U.S.C.
46(f), and FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). Comments containing
material for which confidential treatment is requested must be filed in
paper form, must be clearly labeled ``Confidential,'' and must comply
with FTC Rule 4.9(c), 16 CFR 4.9(c).\7\
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\7\ The comment must be accompanied by an explicit request for
confidential treatment, including the factual and legal basis for
the request, and must identify the specific portions of the comment
to be withheld from the public record. The request will be granted
or denied by the Commission's General Counsel, consistent with
applicable law and the public interest. See FTC Rule 4.9(c), 16 CFR
4.9(c).
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Because paper mail addressed to the FTC is subject to delay due to
heightened security screening, please consider submitting your comments
in electronic form. Comments filed in electronic form should be
submitted by using the following weblink: (https://public.commentworks.com/ftc/iSAFEsafeharbor) (and following the
instructions on the web-based form). To ensure that the Commission
considers an electronic comment, you must file it on the web-based form
at the weblink (https://public.commentworks.com/ftc/iSAFEsafeharbor).
If this document appears at (http://www.regulations.gov/search/Regs/home.html#home), you may also file an electronic comment through that
website. The Commission will consider all comments that regulations.gov
forwards to it. You may also visit the FTC Website at (http://www.ftc.gov) to read the document and the news release describing it.
A comment filed in paper form should include the ``iSAFE Safe
Harbor Proposal, P094504'' reference both in the text and on the
envelope, and should be mailed or delivered to the following address:
Federal Trade Commission, Office of the Secretary, Room H-135 (Annex
E), 600 Pennsylvania Avenue, NW, Washington, DC 20580. The FTC is
requesting that any comment filed in paper form be sent by courier or
overnight service, if possible, because U.S. postal mail in the
Washington area and at the Commission is subject to delay due to
heightened security precautions.
The FTC Act and other laws the Commission administers permit the
collection of public comments to consider and use in this proceeding as
appropriate. The Commission will consider all timely and responsive
public comments that it receives, whether filed in paper or electronic
form. Comments received will be available to the public on the FTC
website, to the extent practicable, at (http://www.ftc.gov/os/publiccomments.shtm). As a matter of discretion, the Commission makes
every effort to remove home contact information for individuals from
the public comments it receives before placing those comments on the
FTC Website. More information, including routine uses permitted by the
Privacy Act may be found in the FTC's privacy policy, at (http://www.ftc.gov/ftc/privacy.shtm).
By direction of the Commission.
Donald S. Clark
Secretary
[FR Doc. 2010-291 Filed 1-12-10: 8:45 am]
BILLING CODE 6750-01-S