[Federal Register Volume 76, Number 123 (Monday, June 27, 2011)]
[Proposed Rules]
[Pages 37290-37291]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-16007]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 76, No. 123 / Monday, June 27, 2011 /
Proposed Rules
[[Page 37290]]
FEDERAL TRADE COMMISSION
16 CFR Part 312
Children's Online Privacy Protection Rule; Aristotle
International, Inc.'s Application for Safe Harbor Proposed Self-
Regulatory Guidelines
AGENCY: Federal Trade Commission (FTC or Commission).
ACTION: Third party submission of proposed ``safe harbor'' guidelines;
request for public comment.
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SUMMARY: The Federal Trade Commission publishes a notice and request
for public comment concerning proposed self-regulatory guidelines
submitted by Aristotle International, Inc. (Aristotle) under the safe
harbor provision of the Children's Online Privacy Protection Rule.
DATES: Written comments must be received by August 8, 2011.
ADDRESSES: Interested parties may file a comment online or on paper, by
following the instructions in the Request for Comment part of the
SUPPLEMENTARY INFORMATION section below. Write ``Aristotle Application
for Safe Harbor, Project No. P-114509'' on your comment, and file your
comment online at https://ftcpublic.commentworks.com/ftc/aristotle, by
following the instructions on the Web-based form. If you prefer to file
your comment on paper, mail or deliver your comment to the following
address: Federal Trade Commission, Office of the Secretary, Room H-113
(Annex B), 600 Pennsylvania Avenue, NW., Washington, DC 20580.
FOR FURTHER INFORMATION CONTACT: Phyllis Marcus, Attorney, (202) 326-
2854, or Mamie Kresses, Attorney, (202) 326-2070, Division of
Advertising Practices, Federal Trade Commission, 600 Pennsylvania
Avenue, NW., Washington, DC 20580.
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 Web site 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 CFR part 312.
\3\ See 16 CFR 312.10; 64 FR at 59906-08, 59915.
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Pursuant to Section 312.10 of the Rule, Aristotle has submitted
proposed self-regulatory guidelines to the Commission for approval. The
full text of the proposed guidelines is available on the Commission's
Web site, at http://www.ftc.gov/os/2011/06/110621aristotlerequest.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, Aristotle 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 CFR 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 CFR 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 CFR 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
You can file a comment online or on paper. For the Commission to
consider your comment, we must receive it on or before August 8, 2011.
Write ``Aristotle Application for Safe Harbor, Project No. P-114509''
on your comment. Your comment--including your name and your state--will
be placed on the public record of this proceeding, including, to the
extent practicable, on the public Commission Web site, at http://www.ftc.gov/os/publiccomments.shtm. As a matter of discretion, the
Commission tries to remove individuals' home contact information from
comments before placing them on the Commission Web site.
Because your comment will be made public, you are solely
responsible for making sure that your comment doesn't include any
sensitive personal information, like anyone'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. You are also solely
responsible for making sure that your comment doesn't include any
sensitive health information, like medical records or other
individually identifiable health information. In addition, don't
include any ``[t]rade secret or any commercial or
[[Page 37291]]
financial information which is obtained from any person and which is
privileged or confidential,'' as provided in Section 6(f) of the FTC
Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). In
particular, don't include competitively sensitive information such as
costs, sales statistics, inventories, formulas, patterns, devices,
manufacturing processes, or customer names.
If you want the Commission to give your comment confidential
treatment, you must file it in paper form, with a request for
confidential treatment, and you have to follow the procedure explained
in FTC Rule 4.9(c), 16 CFR 4.9(c).\7\ Your comment will be kept
confidential only if the FTC General Counsel, in his or her sole
discretion, grants your request in accordance with the law and the
public interest.
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\7\ In particular, the written request for confidential
treatment that accompanies the comment must include the factual and
legal basis for the request, and must identify the specific portions
of the comment to be withheld from the public record. See FTC Rule
4.9(c), 16 CFR 4.9(c).
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Postal mail addressed to the Commission is subject to delay due to
heightened security screening. As a result, we encourage you to submit
your comments online. To make sure that the Commission considers your
online comment, you must file it at http://ftcpublic.commentworks.com/ftc/aristotle, by following the instructions on the Web-based form. If
this Notice appears at http://www.regulations.gov/#!home, you also may
file a comment through that Web site.
If you file your comment on paper, write ``Aristotle Application
for Safe Harbor, Project No. P-114509'' on your comment and on the
envelope, and mail or deliver it to the following address: Federal
Trade Commission, Office of the Secretary, Room H-113 (Annex B), 600
Pennsylvania Avenue, NW., Washington, DC 20580. If possible, submit
your paper comment to the Commission by courier or overnight service.
Visit the Commission Web site at http://www.ftc.gov to read this
Notice and the news release describing it. The FTC Act and other laws
that 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 on or before August 8, 2011. You can find more information,
including routine uses permitted by the Privacy Act, in the
Commission's privacy policy, at http://www.ftc.gov/ftc/privacy.htm.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2011-16007 Filed 6-24-11; 8:45 am]
BILLING CODE 6750-01-P