[Federal Register Volume 65, Number 125 (Wednesday, June 28, 2000)]
[Notices]
[Pages 39901-39902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16307]


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FEDERAL TRADE COMMISSION


Children's Online Privacy Protection Safe Harbor Proposed Self-
Regulatory Guidelines; ESRB Privacy Online, a Division of the 
Entertainment Software Rating Board

AGENCY: Federal Trade Commission.

ACTION:  Notice of Proposed ``Safe Harbor'' Guidelines and Request for 
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 ESRB Privacy Online, a division of the Entertainment 
Software Rating Board (``ESRB''), under the safe harbor provision of 
the Children's

[[Page 39902]]

Online Privacy Protection Rule, 16 CFR 312.10.

DATES: Written comments must be submitted on or before July 31, 2000. 
Comments will be posted on the Commission's web site: http://www.ftc.gov>.

ADDRESSES: Written comments should be submitted to: Secretary, Federal 
Trade Commission, Room H-159, 600 Pennsylvania Avenue, NW, Washington, 
DC 20580. The Commission requests that commenters submit the original 
plus five copies, if feasible. To enable prompt review and public 
access, comments also should be submitted, if possible, in electronic 
form, on either a 5\1/4\ or a 3\1/2\ inch computer disk, with a disk 
label stating the name of the commenter and the name and version of the 
word processing program used to create the document. (Programs based on 
DOS or Windows are preferred. Files from other operating systems should 
be submitted in ASCII text format.) Alternatively, the Commission will 
accept comments submitted to the following e-mail address, 
[email protected]>. Individual members of the public filing comments 
need not submit multiple copies or comments in electronic form. All 
submissions should be captioned: ``ESRB Safe Harbor Proposal-- Comment, 
P004504.''

FOR FURTHER INFORMATION CONTACT: Toby Levin, (202) 326-3156, Abbe 
Goldstein, (202) 326-3423, or Karen Muoio, (202) 326-2491, Division of 
Advertising Practices, Bureau of Consumer Protection, Federal Trade 
Commission, 601 Pennsylvania Ave., 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. The Rule requires certain web site operators to post 
privacy policies, provide notice, and obtain parental consent prior to 
collecting, using, or disseminating personal information from children. 
The Rule contains a ``safe harbor'' provision enabling industry groups 
or others to submit self-regulatory guidelines that would implement the 
protections of the Rule to the commission for approval.\2\
    Pursuant to Section 312.10 of the Rule, ESRB 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, www.ftc.gov>.
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    \1\ 64 FR 59888 (1999).
    \2\ See 16 CFR 312.10; 64 FR 59906-59908, 59915.
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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 comment 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, ESRB, 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? \3\ Where possible, please cite the relevant sections of 
both the Rule and the proposed guidelines.
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    \3\ See 16 CFR 312.10(b)(1); 64 FR 59915.
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    3. Are the mechanisms used to assess operators' compliance with the 
guidelines effective? \4\ 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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    \4\ See 16 CFR 312.10(b)(2); 64 FR 59915.
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    4. Are the incentives for 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)(3); 64 FR 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.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 00-16307 Filed 6-27-00; 8:45 am]
BILLING CODE 6750-01-M