Federal Register / Vol. 76, No. 54 / Monday, March 21, 2011 / Notices 15313 

1The comment must be accompanied 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 the public interest. See FTC 

Rule 4.9(c), 16 CFR 4.9(c). 

about respondents’ instructional courses 

using statements that gave readers the 

impression the endorsements had been 

submitted by ordinary consumers or 

independent reviewers. Respondents 

failed to implement a reasonable 

monitoring program to ensure that these 

postings clearly and prominently 

disclosed the compensated nature of the 

affiliates’ relationship to respondents. 

The Commission’s complaint alleges 

that respondents violated Section 5 of 

the FTC Act by disseminating or causing 

to be disseminated reviews of their 

instructional courses that 

misrepresented that they were those of 

independent, ordinary consumers. The 

complaint further alleges that 

respondents violated Section 5 by 

failing to disclose, or disclose 

adequately, that the affiliates receive 

financial compensation from the sale of 

respondents’ products. 

Part I of the proposed order prohibits 

respondents, in connection with the 

advertising of any product or service, 

from misrepresenting the status of any 

user or endorser of a product or service, 

including, but not limited to, 

misrepresenting that the user or 

endorser is an independent user or 

ordinary consumer of the product or 

service. 

Part II prohibits respondents from 

making any representation about any 

user or endorser of a product or service 

unless they disclose, clearly and 

prominently, a material connection, 

when one exists, between the user or 

endorser of the product or service and 

any other party involved in promoting 

that product or service. The proposed 

order defines ‘‘material connection’’ as 

any relationship that materially affects 

the weight or credibility of any 

endorsement and would not be 

reasonably expected by consumers. 

Part III requires respondents to take 

immediate steps to ensure compliance 

with Parts I and II of the order, 

including maintaining a system to 

review and monitor their affiliate 

representations and disclosures. The 

proposed order requires respondents to 

determine, on a semi-annual basis, their 

top fifty (50) revenue-generating 

affiliates, and then monitor, on a 

monthly basis, the Web sites of those 

affiliates and the Web sites of a random 

sample of fifty (50) of their remaining 

affiliates. Part III also requires 

respondents to terminate any affiliate 

who engages in conduct inconsistent 

with Parts I and II of the order and to 

maintain reports regarding compliance 

with Part III of the order. 

Part IV requires respondents to serve 

copies of the order to prospective 

affiliates prior to their entry into 

respondents’ affiliate program, and to 

current affiliates within ten days of the 

date of service of the order. 

Part V requires respondents to pay to 

the Commission a sum of $250,000. This 

payment may be used in the 

Commission’s sole discretion to provide 

appropriate relief, which may include, 

but is not limited to, the recision of 

contracts, payment of damages, and/or 

public notification respecting the unfair 

or deceptive acts or practices alleged in 

the complaint. If the Commission 

determines that such relief is wholly or 

partially impracticable, any or all such 

funds shall be paid to the United States 

Treasury. 

Parts VI through X of the proposed 

order require respondents to: Keep 

copies of relevant consumer complaints 

and inquiries, documents demonstrating 

order compliance, and any documents 

relating to any representation covered 

by this order; provide copies of the 

order to certain of their personnel; 

notify the Commission of changes in 

corporate structure that might affect 

compliance obligations under the order; 

notify the Commission of changes in 

corporate business or employment as to 

respondent Lester Gabriel Smith 

individually; and file compliance 

reports with the Commission. Part XI 

provides that the order will terminate 

after twenty (20) years, with certain 

exceptions. 

The purpose of this analysis is to 

facilitate public comment on the 

proposed order, and it is not intended 

to constitute an official interpretation of 

the agreement and proposed order or to 

modify in any way their terms. 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. 2011–6491 Filed 3–18–11; 8:45 am] 

BILLING CODE 6750–01–P 

FEDERAL TRADE COMMISSION 

[File No. 102 3087] 

Chitika, Inc.; Analysis of Proposed 

Consent Order To Aid Public Comment 

AGENCY: Federal Trade Commission. 

ACTION: Proposed consent agreement. 

SUMMARY: The consent agreement in this 

matter settles alleged violations of 

federal law prohibiting unfair or 

deceptive acts or practices or unfair 

methods of competition. The attached 

Analysis to Aid Public Comment 

describes both the allegations in the 

draft complaint and the terms of the 

consent order—embodied in the consent 

agreement—that would settle these 

allegations. 

DATES: Comments must be received on 

or before April 14, 2011. 

ADDRESSES: Interested parties are 

invited to submit written comments 

electronically or in paper form. 

Comments should refer to ‘‘Chitika, File 

No. 102 3087’’ to facilitate the 

organization of comments. Please note 

that your comment—including your 

name and your state—will be placed on 

the public record of this proceeding, 

including on the publicly accessible 

FTC Web site, at http://www.ftc.gov/os/ 

publiccomments.shtm. 

Because comments will be made 

public, they should not include any 

sensitive personal information, such as 

an individual’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. Comments 

also should not include any sensitive 

health information, such as medical 

records or other individually 

identifiable health information. In 

addition, comments should 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 Commission Rule 4.10(a)(2), 

16 CFR 4.10(a)(2). Comments containing 

material for which confidential 

treatment is requested must be filed in 

paper form, must be clearly labeled 

‘‘Confidential’’, and must comply with 

FTC Rule 4.9(c), 16 CFR 4.9(c).1

Because paper mail addressed to the 

FTC is subject to delay due to 

heightened security screening, please 

consider submitting your comments in 

electronic form. Comments filed in 

electronic form should be submitted by 

using the following weblink: https:// 

ftcpublic.commentworks.com/ftc/ 

chitika and following the instructions 

on the Web-based form. To ensure that 

the Commission considers an electronic 

comment, you must file it on the Webbased form at the https:// 

ftcpublic.commentworks.com/ftc/ 

chitika. If this Notice appears at 

http://www.regulations.gov/search/ 

index.jsp, you may also file an 

electronic comment through that Web 

site. The Commission will consider all 

comments that regulations.gov forwards 

mstockstill on DSKH9S0YB1PROD with NOTICES

15314 Federal Register / Vol. 76, No. 54 / Monday, March 21, 2011 / Notices 

to it. You may also visit the FTC Web 

site at http://www.ftc.gov/ to read the 

Notice and the news release describing 

it. 

A comment filed in paper form 

should include the ‘‘Chitika, File No. 

102 3087’’ 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 H–113 (Annex D), 600 

Pennsylvania Avenue, NW., 

Washington, DC 20580. 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. 

The Federal Trade Commission Act 

(‘‘FTC Act’’) and other laws 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, 

whether filed in paper or electronic 

form. Comments received will be 

available to the public on the FTC Web 

site, to the extent practicable, at 

http://www.ftc.gov/os/ 

publiccomments.shtm. As a matter of 

discretion, the Commission 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.shtm. 

FOR FURTHER INFORMATION CONTACT: 

Peder Magee (202–326–3538) or Tracy 

Shapiro (202–326–2343), FTC Bureau of 

Consumer Protection, 600 Pennsylvania 

Avenue, NW., Washington, DC 20580. 

SUPPLEMENTARY INFORMATION: Pursuant 

to section 6(f) of the Federal Trade 

Commission Act, 38 Stat. 721, 15 U.S.C. 

46(f), and § 2.34 the Commission Rules 

of Practice, 16 CFR 2.34, notice is 

hereby given that the above-captioned 

consent agreement containing a consent 

order to cease and desist, having been 

filed with and accepted, subject to final 

approval, by the Commission, has been 

placed on the public record for a period 

of thirty (30) days. The following 

Analysis to Aid Public Comment 

describes the terms of the consent 

agreement, and the allegations in the 

complaint. An electronic copy of the 

full text of the consent agreement 

package can be obtained from the FTC 

Home Page (for March 14, 2010), on the 

World Wide Web, at http://www.ftc.gov/ 

os/actions.shtm. A paper copy can be 

obtained from the FTC Public Reference 

Room, Room 130–H, 600 Pennsylvania 

Avenue, NW., Washington, DC 20580, 

either in person or by calling (202) 326– 

2222. 

Public comments are invited, and may 

be filed with the Commission in either 

paper or electronic form. All comments 

should be filed as prescribed in the 

ADDRESSES section above, and must be 

received on or before the date specified 

in the DATES section. 

Analysis of Agreement Containing 

Consent Order To Aid Public Comment 

The Federal Trade Commission has 

accepted, subject to final approval, a 

consent agreement from Chitika, Inc. 

(‘‘Chitika’’). 

The proposed consent order has been 

placed on the public record for thirty 

(30) days for receipt of comments by 

interested persons. Comments received 

during this period will become part of 

the public record. After thirty (30) days, 

the Commission will again review the 

agreement and the comments received, 

and will decide whether it should 

withdraw from the agreement and take 

appropriate action or make final the 

agreement’s proposed order. 

Chitika is a network advertiser that 

engages in online behavioral 

advertising, the practice of tracking 

consumers’ activities online in order to 

serve them targeted advertisements 

based upon their individual Web 

browsing activity. Chitika offers an 

online behavioral advertising service in 

which it acts as an intermediary 

between Web site publishers and 

advertisers that wish to have their 

advertisements placed on websites. 

Chitika tracks the searches a consumer 

has conducted, the websites visited, and 

the content viewed in order to serve 

advertising targeted to the individual 

consumer’s interests. When a consumer 

visits a Web site within Chitika’s 

network of Web site publishers, Chitika 

sets a new cookie or automatically 

receives a cookie it has previously set in 

the consumer’s browser (the ‘‘Chitika 

tracking cookie’’). Chitika uses cookies 

to serve advertisements to consumers 

that are targeted to their interests. 

The Commission alleges that 

representations Chitika made in its 

privacy policy regarding consumers’ 

ability to opt out of receiving tracking 

cookies were false or misleading. 

Chitika’s privacy policy stated that 

consumers could opt out of receiving 

Chitika cookies. For those consumers 

who elected to opt out, Chitika set an 

‘‘opt-out cookie’’ in the consumer’s 

browser so that no additional cookies 

would be set in the consumer’s browser, 

no additional information would be 

added to a previously set Chitika 

tracking cookie, and the data previously 

placed in the cookie would no longer be 

used to target advertisements to the 

consumer. From at least May 2008 to 

February 28, 2010, however, Chitika 

delivered opt-out cookies that were set 

to expire after ten (10) days. 

Accordingly, the complaint alleges that 

Chitika deceived consumers and 

violated Section 5 of the FTC Act by 

making an unqualified claim that 

consumers could opt out of targeted 

advertising when the opt out expired in 

ten (10) days. 

Part I of the proposed order prohibits 

Chitika from misrepresenting (1) the 

extent of its data collection about 

consumers and (2) the extent to which 

consumers are able to control the 

collection, use, or sharing of their data. 

Part II of the proposed order requires 

Chitika to take a number of steps to 

improve the transparency of, and 

consumers’ ability to control, its 

collection of consumer data for online 

behavioral advertising. First, within 

thirty (30) days after service of the 

proposed order, Chitika must place a 

clear and prominent notice with a 

hyperlink on the homepage of its Web 

site that states: ‘‘We collect information 

about your activities on certain websites 

to send you targeted advertisements. To 

opt out of Chitika’s targeted ads, click 

here.’’ The mechanism that Chitika 

provides to allow consumers to prevent 

Chitika from collecting information 

about them must remain in effect for a 

minimum of five (5) years. Within close 

proximity to the mechanism, Chitika 

must disclose: (1) That Chitika collects 

information about consumers’ activities 

on certain websites to deliver targeted 

ads; (2) that by opting out, Chitika will 

not collect this information to deliver 

such ads; (3) consumers’ current choice 

status (i.e., whether opted in or opted 

out of tracking); and (4) that consumers’ 

choice is specific to the browser they are 

using (i.e., if they switch browsers or 

devices, they will have to opt out again). 

Part II of the proposed order includes 

two additional provisions. First, for a 

period of one (1) year, near the notice 

and hyperlink discussed above, 

Chitika’s homepage must state that: ‘‘If 

you opted out of our targeted ads before 

March 1, 2010, the opt-out has expired 

and you must opt out again to avoid 

targeted ads.’’ 

The final provision in Part II requires 

that within any behaviorally targeted 

advertisement that Chitika serves, it 

must include a hyperlink that takes 

consumers directly to the required 

choice mechanism. The hyperlink text 

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Federal Register / Vol. 76, No. 54 / Monday, March 21, 2011 / Notices 15315 

must state: ‘‘Opt out?’’ When a 

consumer’s cursor, or equivalent, is 

placed over the hyperlink, a box shall be 

visible that clearly and prominently 

states, ‘‘Opt out of Chitika’s targeted 

ads.’’ 

Part III of the proposed order restricts 

Chitika’s use of any data that it collected 

from consumers prior to March 1, 2010, 

the date on which Chitika extended the 

expiration date of its opt-out cookies 

from ten (10) days to ten (10) years. 

Specifically, the proposed order 

prevents Chitika from using, selling, or 

transferring ‘‘any information that can be 

associated with a Chitika user or a 

Chitika user’s computer or device’’ that 

the company obtained prior to March 1, 

2010. In addition to restricting the use 

of this data, within sixty (60) days after 

the service of the order, Chitika must 

delete any such information stored in 

Chitika users’ cookies and any 

information retained in Chitika’s files 

that would allow the information to be 

associated with a particular consumer or 

that consumer’s computer or device. 

Parts IV through VIII of the proposed 

order are reporting and compliance 

provisions. Part IV requires Chitika to 

retain documents relating to its 

compliance with the order. Part V 

requires dissemination of the order to 

all current and future principals, 

officers, directors, managers, employees, 

agents, and representatives having 

responsibilities relating to the subject 

matter of the order. Part VI ensures 

notification to the FTC of changes in 

corporate status. Part VII mandates that 

Chitika submit a report to the 

Commission detailing its compliance 

with the order. Part VIII provides that 

the order expires after twenty (20) years, 

with certain exceptions. 

The purpose of the analysis is to aid 

public comment on the proposed order. 

It is not intended to constitute an 

official interpretation of the proposed 

order or to modify its terms in any way. 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. 2011–6493 Filed 3–18–11; 8:45 am] 

BILLING CODE 6750–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Disease Control and 

Prevention 

[30Day–11–11BM] 

Agency Forms Undergoing Paperwork 

Reduction Act Review 

The Centers for Disease Control and 

Prevention (CDC) publishes a list of 

information collection requests under 

review by the Office of Management and 

Budget (OMB) in compliance with the 

Paperwork Reduction Act (44 U.S.C. 

chapter 35). To request a copy of these 

requests, call the CDC Reports Clearance 

Officer at (404) 639–5960 or send an email to omb@cdc.gov. Send written 

comments to CDC Desk Officer, Office of 

Management and Budget, Washington, 

DC 20503 or by fax to (202) 395–5806. 

Written comments should be received 

within 30 days of this notice. 

Proposed Project 

Healthcare System Surge Capacity at 

the Community Level—New-National 

Center for Emerging and Zoonotic 

Infectious Diseases, (NCEZID), Centers 

for Disease Control and Prevention, 

(CDC). 

Background and Brief Description 

The Healthcare Preparedness Activity, 

Division of Healthcare Quality 

Promotion (DHQP) at the Centers for 

Disease Control and Prevention (CDC) 

works with other federal agencies, state 

governments, medical societies and 

other public and private organizations 

to promote collaboration amongst 

healthcare partners, and to integrate 

healthcare preparedness into federal, 

state and local public health 

preparedness planning. The goal of the 

Activity is to help local communities’ 

healthcare delivery and public health 

sectors effectively and efficiently 

prepare for and respond to urgent and 

emergent threats. 

Surge is defined as a marked increase 

in demand for resources such as 

personnel, space and material. Health 

care providers manage both routine 

surge (predictable fluctuations in 

demand associated with the weekly 

calendar, for example) as well as 

unusual surge (larger fluctuations in 

demand caused by rarer events such as 

pandemic influenza). Except in 

extraordinary cases, providers are 

expected to manage surge while 

adhering to their existing standards for 

quality and patient safety. 

Currently, health care organizations 

are expected to prepare for and respond 

to surges in demand ranging from a 

severe catastrophe (for example, a 

nuclear detonation) to more common, 

less severe events (for example, a worsethan-usual influenza season). CDC and 

other federal agencies have dedicated 

considerable funding and technical 

assistance towards developing and 

coordinating community-level 

responses to surges in demand, but it 

remains a difficult task. 

While there is extensive research on 

managing collaborations during times of 

extraordinary pressure where response 

to surge takes precedence over other 

activities, less is known about 

developing and maintaining integrated 

collaborations during periods where the 

system must respond to unusual surge 

but also continue the routine provision 

of health care. In particular, studies 

have not explored how these 

collaborations can build on sustainable 

relationships between a broad range of 

stakeholders (including primary care 

providers) in communities with 

different market structures and different 

degrees of investment in public health. 

This study aims to generate 

information about the role of 

community-based collaborations in 

disaster preparedness that the CDC can 

use to develop its programs guiding and 

supporting these collaborations. This 

project will explore barriers and 

facilitators to coordination on surge 

response in ten communities, eight of 

which have been studied longitudinally 

since the mid-1990s as part of the 

Center for Studying Health System 

Change’s (HSC’s) Community Tracking 

Study (CTS). Interviews of local 

healthcare stakeholders will be 

conducted at 10 sites. 

Interviews will be conducted at a total 

of 63 organizations over the two years 

of this project. Within each of the ten 

communities studied, two emergency 

practitioner respondents (one from a 

safety-net hospital and one from a nonsafety-net hospital), two primary care 

providers (one from a large practice and 

one from a small practice) and two local 

preparedness experts (one from the 

County or local public health agency, 

and one coordinator or collaboration 

leader) will be interviewed. In three 

sites (Phoenix, Greenville and Seattle) 

an additional respondent will be 

identified from an outlying rural area to 

offer the perspective of providers in 

those communities. There is no cost to 

respondents except their time. The total 

annualized burden is 63 hours. 

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