[Federal Register Volume 69, Number 66 (Tuesday, April 6, 2004)]
[Notices]
[Pages 18082-18083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7788]


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FEDERAL TRADE COMMISSION


Children's Online Privacy Protection Safe Harbor Proposed Self-
Regulatory Guidelines; Privo, Inc. Application

AGENCY: Federal Trade 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 Privo, Inc. (``Privo'') under the safe harbor provision of 
the Children's Online Privacy Protection Rule, 16 CFR 312.10.

DATES: Comments must be received by May 7, 2004.

ADDRESSES: Interested parties are invited to submit written comments. 
Comments should refer to ``Privo Safe Harbor Proposal, Project No. 
P044506'' to facilitate the organization of comments. A comment filed 
in paper form should include this 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 159-H (Annex F), 
600 Pennsylvania Avenue, NW., Washington, DC 20580. Comments containing 
confidential material must be filed in paper form, as explained in the 
SUPPLEMENTARY INFORMATION section. The Commission 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. Comments filed in electronic form (except comments 
containing any confidential material) should be sent, as prescribed in 
the SUPPLEMENTARY INFORMATION section, to the following e-mail box: 
[email protected].
    The FTC Act and other laws the Commission administers permit the 
collection of public comments to consider and use in this proceeding as 
appropriate. All timely and responsive public comments, whether filed 
in paper or electronic form, will be considered by the Commission, and 
will be available to the public on the FTC Web site, to the extent 
practicable, at www.ftc.gov/privacy/safeharbor/shp.htm. As a matter of 
discretion, the FTC 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.htm.

FOR FURTHER INFORMATION CONTACT: Rona Kelner, (202) 326-2752, or 
Elizabeth Delaney, (202) 326-2903, Division of Advertising Practices, 
Bureau of Consumer Protection, Federal Trade Commission, 601 New Jersey 
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. The Rule requires certain website 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

[[Page 18083]]

enabling industry groups or others to submit to the Commission for 
approval self-regulatory guidelines that would implement the Rule's 
protections.\2\
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    \1\ 64 FR 59888 (1999).
    \2\ See 16 CFR 312.10; 64 FR at 59906-59908, 59915.
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    Pursuant to Sec.  312.10 of the Rule, Privo 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, www.ftc.gov/privacy/safeharbor/shp.htm.

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, Privo 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 Sec. Sec.  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 at 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 at 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 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 submitted on or before Mary 7, 2004. Comments should refer to 
``Privo Safe Harbor Proposal, Project No. P044506'' to facilitate the 
organization of comments. A comment filed in paper form should include 
this 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 159-H (Annex F, 600 Pennsylvania Avenue, 
NW., Washington, DC 20580. If the comment contains any material for 
which confidential treatment is requested, it must be filed in paper 
(rather than electronic) form, and the first page of the document must 
be clearly labeled ``Confidential.'' \6\ 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. 
Comments filed in electronic form (except comments containing any 
confidential material) should be sent to the following email box: 
[email protected].
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    \6\ Commission Rule 4.2(d), 16 CFR 4.2(d). The comment must be 
accompanies 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 
public interest. See Commission Rule 4.9(c), 16 CFR 4.9(c).
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    The FTC Act and other laws the Commission administers permit the 
collection of public comments to consider and use in this proceeding as 
appropriate. All timely and responsive public comments, whether filed 
in paper or electronic form, will be considered by the Commission, and 
will be available to the public on the FTC Web site, to the extent 
practicable, at www.ftc.gov/privacy/safeharbor/shp.htm. As a matter of 
discretion, the FTC makes every effort to remove home contact 
information for individuals from the public comments it receives before 
placing those comments on the FTC Web site. 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.htm.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 04-7788 Filed 4-5-04; 8:45 am]
BILLING CODE 6750-01-M