[Federal Register Volume 78, Number 209 (Tuesday, October 29, 2013)]
[Proposed Rules]
[Pages 64423-64425]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-25452]


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FEDERAL TRADE COMMISSION

16 CFR Part 312

RIN 3084-AB20


Children's Online Privacy Protection Rule Applications for 
Approval of Proposed Parental Consent Methods by AssertID, Inc., 
Imperium LLC, and iVeriFly, Inc.; Application for Approval of Safe 
Harbor Program by kidSAFE Seal Program

AGENCY: Federal Trade Commission (FTC or Commission).

ACTION: Notice of extension of Commission determination and public 
comment deadlines.

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SUMMARY: The FTC is extending the deadlines for Commission 
determination of applications for approval of proposed parental consent 
methods by AssertID, Inc. (``AssertID''), Imperium LLC (``Imperium''), 
and iVeriFly, Inc. (``iVeriFly'') pursuant to the Children's Online 
Privacy Protection Rule. In addition, the FTC is extending the deadline 
for filing public comments concerning Imperium's application for 
approval of a parental consent method and the proposed self-regulatory 
guidelines submitted by the kidSAFE Seal Program (``kidSAFE''), owned 
and operated by Samet Privacy, LLC, under the safe harbor provision of 
the Children's Online Privacy Protection Rule.

DATES: Written comments must be received by November 4, 2013.

ADDRESSES: Interested parties may file comments online or on paper, by 
following the instructions in the Request for Comment part of the 
SUPPLEMENTARY INFORMATION section below. For comments concerning 
Imperium, write ``Imperium Application for Parental Consent Method, 
Project No. P-135419'' on your comment and file your comment online at 
https://ftcpublic.commentworks.com/ftc/pmcoppaimperiumapp, by following 
the instructions on the web-based form. For comments concerning 
kidSAFE, write ``kidSAFE Application for Safe Harbor, Project No. P-
135418'' on your comment, and file your comment online at https://ftcpublic.commentworks.com/ftc/coppakidsafeapp, 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 
E), 600 Pennsylvania Avenue NW., Washington, DC 20580.

[[Page 64424]]


FOR FURTHER INFORMATION CONTACT: Kandi Parsons, Attorney, (202) 326-
2369, Peder Magee, Attorney, (202) 326-3538, or Kristin Cohen, (202) 
326-2276, Division of Privacy and Identity Protection, Federal Trade 
Commission, 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\ On December 
19, 2012, the Commission amended the Rule, and these amendments became 
effective on July 1, 2013.\3\ The Rule requires certain Web site 
operators to post privacy policies and provide notice, and to obtain 
verifiable parental consent, prior to collecting, using, or disclosing 
personal information from children under the age of 13. The Rule 
enumerates methods for obtaining verifiable parental consent, while 
also allowing an interested party to file a written request for 
Commission approval of parental consent methods not currently 
enumerated.\4\ To be considered, the party must submit a detailed 
description of the proposed parental consent method, together with an 
analysis of how the method meets the requirements for parental consent 
described in 16 CFR 312.5(b)(1). AssertID, Imperium, and iVeriFly have 
submitted proposed parental consent methods to the Commission for 
approval. The Rule also 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.\5\ Pursuant to that provision, kidSAFE has submitted 
proposed self-regulatory guidelines to the Commission for approval. The 
full text of the verifiable parental consent method applications and 
kidSAFE's proposed guidelines are available on the Commission's Web 
site at www.ftc.gov.
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    \1\ 64 FR 59888 (1999).
    \2\ 16 CFR part 312.
    \3\ 78 FR 3972 (2013).
    \4\ 16 CFR 312.12(a); 78 FR at 3991-3992, 4013.
    \5\ See 16 CFR 312.11; 78 FR at 3995-96, 4012-13.
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    The Children's Online Privacy Protection Rule provides that the 
Commission shall issue a written determination within 120 days of the 
filing of an application for approval of a verifiable parental consent 
method.\6\ Because of the federal government shutdown, which began on 
October 1, 2013, the Commission was unable to review comments and 
prepare determinations on the applications. The federal government re-
opened on October 17, 2013. In order to ensure that it can give full 
consideration to the applications submitted by AssertID, Imperium, and 
iVeriFly, the Commission has determined to extend the timetable laid 
out in 16 CFR 312.12(a) by sixteen days in order to account for the 
time period in which the government was shut down. Accordingly, the 
Commission will issue its determination for AssertID by November 13, 
2013; for Imperium by December 26, 2013; and for iVeriFly by February 
4, 2014.
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    \6\ 16 CFR 312.12(a).
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    In addition, during the time when the government was shut down, 
interested parties were unable to submit comments on Imperium's 
application for approval of a parental consent method or on kidSAFE's 
proposed self-regulatory guidelines. The Commission has decided to 
extend the comment period for both matters until November 4, 2013.

Section B. 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 November 4, 
2013. For comments concerning Imperium, write ``Imperium Application 
for Parental Consent Method, Project No. P-135419'' on your comment. 
For comments concerning kidSAFE, write ``kidSAFE Application for Safe 
Harbor, Project No. P-135418'' 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 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, such as 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, including medical records or other individually 
identifiable health information. In addition, do 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 FTC Act, 15 U.S.C. 46(f), and FTC Rule 
4.10(a)(2), 16 CFR 4.10(a)(2). In particular, do not 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 follow the procedure explained in FTC Rule 
4.9(c), 16 CFR 4.9(c).\5\ 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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    \5\ 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 your comment concerning Imperium at 
https://ftcpublic.commentworks.com/ftc/pmcoppaimperiumapp, and your 
comment concerning kidSAFE at https://ftcpublic.commentworks.com/ftc/coppakidsafeapp, 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 concerning Imperium on paper, write 
``Imperium Application for Parental Consent Method, Project No. P-
135419'' 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 E), 600 Pennsylvania Avenue NW., 
Washington, DC 20580. If you file your comment concerning kidSAFE on 
paper, write ``kidSAFE Application for Safe Harbor, Project No. P-
135418'' 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 E), 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

[[Page 64425]]

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 November 4, 2013. 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. 2013-25452 Filed 10-28-13; 8:45 am]
BILLING CODE 6750-01-P