[Federal Register Volume 64, Number 123 (Monday, June 28, 1999)]
[Proposed Rules]
[Pages 34595-34596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16399]


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FEDERAL TRADE COMMISSION

16 CFR Part 312


Children's Online Privacy Protection Rule

AGENCY: Federal Trade Commission.

ACTION: Public workshop on proposed regulations implementing the 
Children's Online Privacy Protection Act.

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SUMMARY: On April 27, 1999, the Commission published a Federal Register 
document seeking public comments on its proposed regulations under the 
Children's Online Privacy Protection Act. As part of its review of the 
issues raised by the comments in preparation for publishing final 
regulations, the Commission has scheduled a public workshop to obtain 
additional comment regarding the issue of appropriate mechanisms for 
obtaining verifiable parental consent under the regulations. Today's 
Federal Register document outlines the topics to be discussed at the 
workshop and the procedures to be followed by those who wish to 
participate in the workshop.

DATES: Requests to participate in the workshop must be submitted by 
July 6, 1999. The workshop will be held on July 20, 1999, at the 
Commission's headquarters at 600 Pennsylvania Ave., NW., Washington, 
DC.

ADDRESSES: All requests to participate should be sent either to the 
Office of the Secretary, Federal Trade Commission, Room 159, 600 
Pennsylvania Avenue, NW., Washington, DC 20580, or by e-

[[Page 34596]]

mail to <[email protected]>. Requests should include the requestor's 
name, affiliation, if any, address, telephone number and, if available, 
FAX number and e-mail address. All requests should be captioned 
``Children's Online Privacy Protection Rule--FTC File No. P994504.''

FOR FURTHER INFORMATION CONTACT: Toby Milgrom Levin, Attorney, Federal 
Trade Commission, 600 Pennsylvania Avenue, NW., Washington, DC 20580, 
telephone 202-326-3156, e-mail <[email protected]>; Loren G. Thompson, 
Attorney, Federal Trade Commission, 600 Pennsylvania Avenue, NW., 
Washington, DC 20580, telephone 202-326-2049, e-mail 
<[email protected]>; or Jill Samuels, Attorney, Federal Trade 
Commission, 600 Pennsylvania Avenue, NW., Washington, DC 20580, 
telephone 202-326-2066, e-mail <[email protected]>. 

SUPPLEMENTARY INFORMATION:

I. Background

    On April 20, 1999, the Commission issued proposed regulations 
implementing the Children's Online Privacy Protection Act (COPPA), 64 
FR 22750, April 27, 1999. Of particular importance is the COPPA 
requirement that, with certain exceptions, websites obtain ``verifiable 
parental consent'' before collecting, using, or disclosing personal 
information from children. Section 312.5 of the proposed rule sets 
forth this requirement along with the following performance standard:

    An operator must make reasonable efforts to obtain verifiable 
parental consent, taking into consideration available technology. 
Any method to obtain verifiable consent must be reasonably 
calculated, in light of available technology, to ensure that the 
person providing consent is the child's parent. (64 FR 22756)

    In its discussion of this section, the Commission identified a 
number of methods an operator might use to obtain verifiable parental 
consent, including a print-and-send form signed by the parent and 
mailed or faxed to the website; a credit-card transaction initiated by 
the parent; a call made by the parent to a toll-free number; or an e-
mail accompanied by the parent's valid digital signature. The 
Commission also solicited comment on whether there are other e-mail 
based mechanisms that could provide sufficient assurance that the 
person providing consent is the child's parent. (64 FR 22756, 22762)
    The Commission received over 120 comments on the proposed 
regulations.\1\ A significant number of those comments addressed the 
issue of verifiable parental consent. The Commission has concluded that 
a workshop will afford Commission staff and interested parties an 
opportunity to explore appropriate mechanisms for obtaining verifiable 
parental consent. The Commission will consider the views and 
suggestions made during the workshop, in addition to the written 
comments received, in formulating its final regulations on this topic.
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    \1\ The comments are available for viewing at the Commission's 
headquarters, 600 Pennsylvania Ave., NW., Room 130, Washington, DC 
20580. They are also available on the Commission's website at 
<http://www.ftc.gov>.
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II. Date, Time and Location of Workshop

    The one-day workshop will be held in the FTC headquarters building, 
600 Pennsylvania Avenue, NW., Washington, DC, on July 20, 1999.

III. Workshop Sessions

    The workshop will be divided into three sections designed to elicit 
further information regarding mechanisms for verifiable parental 
consent. The first session will be a discussion of websites' actual 
experiences with regard to obtaining ``verifiable parental consent.'' 
The second session will explore the availability and adequacy of e-mail 
based mechanisms designed to provide verifiable parental consent. The 
third session will examine other technologies and services that are 
available or under development to implement the verifiable parental 
consent requirement.
    Session I: What methods are websites currently using to obtain 
``verifiable parental consent?''
    (a) Do these methods comply with the requirements of the statute 
and the proposed rule for verifiable parental consent, i.e., do they 
provide sufficient assurance that the person providing the consent is 
the child's parent?
    (b) What are the costs and/or benefits to parents and to websites 
of these methods?
    Session II: Do e-mail based mechanisms comply with the requirements 
of the statute and the proposed rule for verifiable parental consent, 
i.e., do they provide sufficient assurance that the person providing 
the consent is the child's parent?
    (a) What e-mail based products or services are currently available 
or under development that websites could use to obtain verifiable 
parental consent?
    (b) What are the cost and/or benefits to parents and to websites of 
such products or services?
    Session III: Are these examples of other technologies, products, or 
services that websites can use to obtain verifiable parental consent?
    (a) What other technologies, products, or services are available or 
under development that websites could use to obtain verifiable parental 
consent?
    (b) What are the costs and/or benefits to parents and to websites 
of such products or services?

IV. Request To Participate

    Parties interested in participating in the workshop must file a 
request to participate by July 6, 1999. The request should specify the 
workshop sessions in which the requester seeks to participate. Parties 
who wish to participate in the workshop but did not submit written 
comments should submit a short statement of their views. If the number 
of parties who request to participate in the workshop is so large that 
include all requesters would inhibit effective discussion among the 
participants, Commission staff will select as participants a limited 
number of parties to represent the relevant interests. Selection will 
be based on the following criteria:
    1. The Party submitted a request to participate by July 6, 1999.
    2. The party's participation would promote the representative of a 
balance of interests at the workshop.
    3. The party's participation would promote the consideration and 
discussion of the issues presented in the workshop.
    4. The party has expertise in issues raised in the workshop.
    5. The party adequately reflects the view of the affected 
interest(s) which it purports to represent.

If it is necessary to limit the number of participants, those who 
requested to participate but were not selected will be afforded an 
opportunity, if at all possible, to present statements during a limited 
time period at the conclusion of one or more sessions. The time 
allotted for these statements will be based on the amount of time 
necessary for discussion of the issues by the selected parties, and on 
the number of persons who wish to make statements.
    Requesters will be notified as soon as possible after July 6, 1999 
if they have been selected to participate.

    By direction of the Commission.
Benjamin I. Berman,
Acting Secretary.
[FR Doc. 99-16399 Filed 6-25-99; 8:45 am]
BILLING CODE 6750-01-M