[Federal Register Volume 75, Number 8 (Wednesday, January 13, 2010)]
[Proposed Rules]
[Pages 1734-1735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-291]


=======================================================================
-----------------------------------------------------------------------

FEDERAL TRADE COMMISSION

16 CFR Part 312


Children's Online Privacy Protection Rule Safe Harbor Proposed 
Self-Regulatory Guidelines; i-SAFE, Inc. Application for Safe Harbor

AGENCY: Federal Trade Commission (FTC or Commission)

ACTION: Notice announcing submission of proposed ``safe harbor'' 
guidelines and requesting public comment.

-----------------------------------------------------------------------

SUMMARY: The Federal Trade Commission publishes this notice and request 
for public comment concerning proposed self-regulatory guidelines 
submitted by i-SAFE, Inc. under the safe harbor provision of the 
Children's Online Privacy Protection Rule.

FOR FURTHER INFORMATION CONTACT: Mamie Kresses, Attorney, (202) 326-
2070, Division of Advertising Practices, Federal Trade Commission, 
Washington, D.C. 20580.

DATES: Written comments must be received by March 1, 2010.

ADDRESSES: Interested parties are invited to submit written comments 
electronically or in paper form, by following the instructions in the 
Invitation To Comment part of the SUPPLEMENTARY INFORMATION section 
below. Comments in electronic form should be submitted by using the 
following weblink: (https://public.commentworks.com/ftc/iSAFEsafeharbor) (and following the instructions on the web-based 
form). Comments in paper form should be mailed or delivered to the 
following address: Federal Trade Commission, Office of the Secretary, 
Room H-135 (Annex E), 600 Pennsylvania Avenue, NW, Washington, DC 
20580, (202) 326-2252.

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, which became effective on April 21, 2000.\2\ The Rule 
requires certain website operators to post privacy policies, provide 
notice, and obtain parental consent prior to collecting, using, or 
disclosing personal information from children. 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.\3\
---------------------------------------------------------------------------

    \1\ 64 FR 59888 (1999).
    \2\ 16 C.F.R. Part 312.
    \3\ See 16 C.F.R. Sec.  312.10; 64 FR at 59906-59908, 59915.
---------------------------------------------------------------------------

    Pursuant to Section 312.10 of the Rule, iSAFE 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, at (www.ftc.gov/bcp/isafesafeharborapplication.pdf).

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 comments 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, iSAFE 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?\4\ Where possible, please cite the relevant sections of 
both the Rule and the proposed guidelines.
---------------------------------------------------------------------------

    \4\ See 16 C.F.R. Sec.  312.10(b)(1); 64 FR at 59915.
---------------------------------------------------------------------------

    3. Are the mechanisms used to assess 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.
---------------------------------------------------------------------------

    \5\ See 16 C.F.R. Sec.  312.10(b)(2); 64 FR at 59915.
---------------------------------------------------------------------------

    4. Are the incentives for operators' compliance with the guidelines 
effective?\6\ 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.
---------------------------------------------------------------------------

    \6\ See 16 C.F.R. Sec.  312.10(b)(3); 64 FR at 59915.
---------------------------------------------------------------------------

    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 received on or before March 1, 2010, and may be submitted 
electronically or in paper form. Comments should refer to ``iSAFE Safe 
Harbor Proposal, P094504'' 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 website, at

[[Page 1735]]

(http://www.ftc.gov/os/publiccomments.shtm).
    Because comments will be made public, they should not include any 
sensitive personal information, such as any 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 Federal Trade Commission Act (``FTC Act''), 15 U.S.C. 
46(f), and FTC 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).\7\
---------------------------------------------------------------------------

    \7\ The 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).
---------------------------------------------------------------------------

    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://public.commentworks.com/ftc/iSAFEsafeharbor) (and following the 
instructions on the web-based form). To ensure that the Commission 
considers an electronic comment, you must file it on the web-based form 
at the weblink (https://public.commentworks.com/ftc/iSAFEsafeharbor). 
If this document appears at (http://www.regulations.gov/search/Regs/home.html#home), you may also file an electronic comment through that 
website. The Commission will consider all comments that regulations.gov 
forwards to it. You may also visit the FTC Website at (http://www.ftc.gov) to read the document and the news release describing it.
    A comment filed in paper form should include the ``iSAFE Safe 
Harbor Proposal, P094504'' 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-135 (Annex 
E), 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 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 
website, 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 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.shtm).
    By direction of the Commission.

Donald S. Clark
Secretary
[FR Doc. 2010-291 Filed 1-12-10: 8:45 am]
BILLING CODE 6750-01-S