[Federal Register Volume 83, Number 66 (Thursday, April 5, 2018)]
[Proposed Rules]
[Pages 14611-14613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06976]


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FEDERAL TRADE COMMISSION

16 CFR Part 312

RIN 3084-AB20


Children's Online Privacy Protection Rule Safe Harbor Proposed 
Self-Regulatory Guidelines; the Entertainment Software Rating Board's 
COPPA Safe Harbor Program Application To Modify Program Requirements

AGENCY: Federal Trade Commission (FTC or Commission).

ACTION: Notification of modifications to guidelines, requesting public 
comment.

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SUMMARY: The Federal Trade Commission publishes this notification and 
request for public comment concerning proposed modifications to 
Entertainment Software Rating Board's (``ESRB'') Commission-approved 
self-regulatory guidelines, under the ``safe harbor'' provision of the 
Children's Online Privacy Protection Rule.

DATES: Written comments must be received by May 9, 2018.

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 ``ESRB Application for 
Modifications to Safe Harbor Program Requirements, Project No. 
P024526'' on your comment, and file your comment online at https://ftcpublic.commentworks.com/ftc/esrbcoppaapp, by following the 
instructions on the web-

[[Page 14612]]

based form. If you prefer to file your comment on paper, write ``ESRB 
Application for Modifications to Safe Harbor Program Requirements, 
Project No. P024526'' on your comment and on the envelope, and mail 
your comment to the following address: Federal Trade Commission, Office 
of the Secretary, 600 Pennsylvania Avenue NW, Suite CC-5610 (Annex E), 
Washington, DC 20580, or deliver your comment to the following address: 
Federal Trade Commission, Office of the Secretary, Constitution Center, 
400 7th Street SW, 5th Floor, Suite 5610 (Annex E), Washington, DC 
20024.

FOR FURTHER INFORMATION CONTACT: Shameka L. Walker, Attorney, (202) 
326-2570, 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 pursuant 
to the Children's Online Privacy Protection Act, 15 U.S.C. 6501 et 
seq., which became effective on April 21, 2000.\1\ On December 19, 
2012, the Commission amended the Rule, and these amendments became 
effective on July 1, 2013.\2\ The Rule requires certain website and 
online service operators to post privacy policies and provide notice, 
and obtain verifiable parental consent, prior to collecting, using, or 
disclosing personal information from children under the age of 13.\3\ 
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.\4\
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    \1\ 64 FR 59888 (1999).
    \2\ 78 FR 3972 (2013).
    \3\ 16 CFR part 312.
    \4\ See 16 CFR 312.11; 78 FR at 3995-96, 4012-13.
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    Pursuant to Section 312.11 of the Rule, ESRB submitted proposed 
self-regulatory guidelines to the Commission that the FTC approved in 
2001. ESRB subsequently updated its guidelines to comply with the 
revised Rule, which became effective on July 1, 2013. ESRB is now 
seeking to modify its Commission-approved Safe Harbor program 
requirements. The text of the proposed modified program requirements is 
available on the Commission's website, at www.ftc.gov.

Section B. Questions on the Proposed Modified Program Requirements

    The Commission is seeking comment on various aspects of ESRB's 
proposed modified program requirements, 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. Each 
response should cite the number and subsection of the question 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 proposed 
modifications to ESRB's program requirements. For each provision 
commented on please describe (a) the impact of the provision(s), 
including benefits and costs, if any, and (b) what alternatives, if 
any, should be considered, as well as the costs and benefits of those 
alternatives.
    2. Are the mechanisms used to assess operators' compliance with the 
proposed modified program requirements effective? \5\ If not, please 
describe (a) whether and how ESRB could modify the assessment 
mechanisms to satisfy the Rule's requirements, and (b) the costs and 
benefits of those modifications.
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    \5\ See 16 CFR 312.11(b)(2); 78 FR at 4013.
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    3. Are the incentives for operators' compliance with the proposed 
modified program requirements effective? \6\ If not, please describe 
(a) whether and how the incentives 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 312.11(b)(3); 78 FR at 4013.
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    4. Please provide comments on any other issue deemed relevant to 
this matter.

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 May 9, 2018. 
Write ``ESRB Application for Modifications to Safe Harbor Program 
Requirements, Project No. P024526'' 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 website, at http://www.ftc.gov/os/publiccomments. As a 
matter of discretion, the Commission tries to remove individuals' home 
contact information from comments before placing them on the Commission 
website.
    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 https://ftcpublic.commentworks.com/ftc/esrbcoppaapp, by following the instructions on the web-based form. 
If this document appears at http://www.regulations.gov/#!home, you also 
may file a comment through that website.
    If you file your comment on paper, write ``ESRB Application for 
Modifications to Safe Harbor Program Requirements, Project No. 
P024526'' on your comment and on the envelope, and mail it to the 
following address: Federal Trade Commission, Office of the Secretary, 
600 Pennsylvania Avenue NW, Suite CC-5610 (Annex E), Washington, DC 
20580, or deliver your comment to the following address: Federal Trade 
Commission, Office of the Secretary, Constitution Center, 400 7th 
Street SW, 5th Floor, Suite 5610 (Annex E), Washington, DC 20024. If 
possible, submit your paper comment to the Commission by courier or 
overnight service.
    Because your comment will be placed on the publicly accessible FTC 
website at www.ftc.gov, you are solely responsible for making sure that 
your comment does not include any sensitive personal information. In 
particular, your comment should not include any sensitive personal 
information, such as your or anyone else'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 does not include any sensitive health 
information, such as medical records or other individually identifiable 
health information. In addition, your comment should not include any 
``[t]rade secret or any commercial or financial information 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)--
including in particular competitively sensitive information such as 
costs, sales statistics, inventories, formulas, patterns, devices, 
manufacturing processes, or customer names.
    Once your comment has been posted on the public FTC website--as 
legally required by FTC Rule 4.9(b)--we cannot redact or remove your 
comment from the FTC website, unless you submit a confidentiality 
request that meets the requirements for such treatment under FTC Rule 
4.9(c), and the General Counsel grants that request in accordance with 
the law and the public interest. Comments containing material for which 
confidential treatment is

[[Page 14613]]

requested must be filed in paper form, must be clearly labeled 
``Confidential,'' and must comply with FTC Rule 4.9(c). In particular, 
the written request for confidential treatment must include the factual 
and legal basis for the request, and must identify the specific portion 
of the comment to be withheld from the public record. See FTC Rule 
4.9(c).
    Visit the Commission website at http://www.ftc.gov to read this 
document 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 May 9, 2018. 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. 2018-06976 Filed 4-4-18; 8:45 am]
 BILLING CODE 6750-01-P