Case 1 :06-cv-00198-JTC Document 9-1 Filed 09/02/10 Page 1 of 7 

UNITED STATES DISTRICT COURT 


NORTIIERN DISTRICT OF GEORGIA 


A'ILANTA DIVISION 


UNITED STATES OF AMERICA, ) 

) 

Plaintiff, ) Civil Action No.1 :06-cv-0198-JTC 

) 

v. ) 


) 


CHOICEPOINT, INC., a corporation, ) 


) 


Defendant. ) 


SECOND SUPPLEMENTAL STIPULATED ORDER FOR 


PERMANENT INJUNC'fION 


. Plainti:ff, the United States ofAmerica, acting upon notification and authorization to the 

Attorney General by the Federal Trade Commission ("FTC" or "CommissionU), and Defendant 

ChoicePoint, Inc. (''Defendant'') jointly stipulate to this Second Supplemental Stipulated Order 

for Permanent Injunction ("Second Supplemental Order"), which modifies the time periods 

under which the Defendant shall obtain biennial assessments and reports ("Assessments"). 

NOW THEREFORE IT IS HEREBY ORDERED AS FOLLOWS: 

FINDINGS OF FACT AND CONCLUSIONS OF LAW 

A. This Court has jurisdiction over the subject matter ofthis case and over Defendant. 

B. Venue in this district is proper under 28 U.S.C. § 1391 (b) and (c), and 15 U.S.C. § 53(b). 

C. The acts and practices ofDefendant are in or affecting commerce, as "commerce" is 

defined in Section 4 ofthe FTC Act, 15 U.S.C. § 44. 

D. The Court finds that entry ofthis Second Supplemental Order is in the public interest. 

Case 1:06-cv-00198-JTC Document 10 Filed 09/03/10 Page 1 of 7

Case 1 :06-cv-00198-JTC Document 9-1 Filed 09/02/10 Page 1 of 7 

UNITED STATES DISTRICT COURT 

NORTIIERN DISTRICT OF GEORGIA 

A'ILANTA DIVISION 

UNITED STATES OF AMERICA, ) 

) 

) 

) 

) 

) 

) 

) 

) 

Plaintiff, Civil Action No.1 :06-cv-0198-JTC 

v. 

CHOICEPOINT, INC., a corporation, 

Defendant. 

SECOND SUPPLEMENTAL STIPULATED ORDER FOR 

PERMANENT INJUNC'fION 

. Plainti:ff, the United States of America, acting upon notification and authorization to the 

Attorney General by the Federal Trade Commission ("FTC" or "CommissionU), and Defendant 

ChoicePoint, Inc. (''Defendant'') jointly stipulate to this Second Supplemental Stipulated Order 

for Permanent Injunction ("Second Supplemental Order"), which modifies the time periods 

under which the Defendant shall obtain biennial assessments and reports ("Assessments"). 

NOW THEREFORE IT IS HEREBY ORDERED AS FOLLOWS: 

FINDINGS OF FACT AND CONCLUSIONS OF LAW 

A. This Court has jurisdiction over the subject matter of this case and over Defendant. 

B. Venue in this district is proper under 28 U.S.C. § 1391 (b) and (c), and 15 U.S.C. § 53(b). 

C. The acts and practices of Defendant are in or affecting commerce, as "commerce" is 

defined in Section 4 of the FTC Act, 15 U.S.C. § 44. 

D. The Court finds that entry of this Second Supplemental Order is in the public interest. 
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E. 	 All provisions ofthe Final Order and the Supplemental Stipulated Judgment and Order 

for Permanent Injunction and Monetary Relief remain in full force and effect except as 

otherwise stated in this Second Supplemental Order. 

F. 	 Defendairt waives: (a) all rights to seek appellate review or otherwise chalienge or 

contest the validity ·ofthis Second Supplemental Order; (b) any claim Defendant may 

have against the Commission, its employees. representatives, or agents that relate to the 

matter stated herein; (0) all claims under the Equal Access to Justice Act, 28 U.S.C. § 

2412, as amended by Pub. L. 1.04-121, 110 Stat. 847, 863-(i4 (1996); and Cd) any rights to 

attorney's fees that may arise under said provision oflaw. 

I. BIENNIAL ASSESSMENT REQUIREMENTS 


(Supersedes Paragraph ninthe Supplemental Stipulated Judgment and Order for Pe_ent 


Injunction and Monetary Relief) 


IT IS FURTHER ORDERED that Defendant shall obtain assessments and reports 

("Assessments") from a qualified, objective, independent third-party professional who uses 

procedures and standards generally accepted in the profession. The Assessments shall cover the 

following reporting periods: I 

(1) August 16,2008 to August 15,2010; 	 I

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(2) August: 16,2010 to February 3, 2011; 

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(3) Every two years from February 4, 2011 to February 3, 2025; and 

(4) February 4,2025 to February 15,2026; I 

Provided however, that the Comtniss~ at its sole discretion, may require Defendant to obtain 

up to two additional A'SSe8Sments covering the two two-year periods following the final 

Assessment Period ending February 15,2026, ifthe FTC provides the Defendant with written 

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E. All provisions of the Final Order and the Supplemental Stipulated Judgment and Order 

for Permanent Injunction and Monetary Relief remain in full force and effect except as 

otherwise stated in this Second Supplemental Order. 

F. Defendairt waives: (a) all rights to seek appellate review or otherwise chalienge or 

contest the validity ·ofthis Second Supplemental Order; (b) any claim Defendant may 

have against the Commission, its employees. representatives, or agents that relate to the 

matter stated herein; (0) all claims under the Equal Access to Justice Act, 28 U.S.C. § 

2412, as amended by Pub. L. 1.04-121, 110 Stat. 847, 863-(i4 (1996); and Cd) any rights to 

attorney's fees that may arise under said provision oflaw. 

I. BIENNIAL ASSESSMENT REQUIREMENTS 

(Supersedes Paragraph n in the Supplemental Stipulated Judgment and Order for Pe_ent 

Injunction and Monetary Relief) 

IT IS FURTHER ORDERED that Defendant shall obtain assessments and reports 

("Assessments") from a qualified, objective, independent third-party professional who uses 

procedures and standards generally accepted in the profession. The Assessments shall cover the 

following reporting periods: 

(1) August 16,2008 to August 15,2010; 

(2) August: 16,2010 to February 3, 2011; 

(3) Every two years from February 4, 2011 to February 3, 2025; and 

(4) February 4,2025 to February 15,2026; 

Provided however, that the Comtniss~ at its sole discretion, may require Defendant to obtain 

up to two additional A'SSe8Sments covering the two two-year periods following the final 

Assessment Period ending February 15,2026, if the FTC provides the Defendant with written 

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notice between February 15, 2024 and August 15,2025, stating that the first such additional 

Assessment will be required, and/or written notice, between February 15,2026 and August 15, 

2027 that the second additional Assessment will be required. 

Each Assessment shall: 

A. 	 Set forth the specific administrative, technical, .and physical safeguards that Defendant 

has implemented and maintained during the reporting peliod to comply with Paragraph 

ill ofthe Final Order; 

B. 	 Explain how such safeguards are appropriate to Defendant's size and complexity, the 

nature and scope of Defendant's activities, and the sensitivity of the personal information 

collected from or about consumers; 

C. 	 Explain how the safeguards that have been implemented meet or exceed the protections 

required by Paragraph ill ofthe Final Order; and 

D. 	 Certify that Defendant's security program is operating with sufficient effectiveness to 

provide reasonable asBUraDce that the security, confidentiality, and integrity ofpersonal 

information is protected, and has so operated throughout the reporting period 

Each Assessment shall be prepared and completed within sixty (60) days after the end of 

the reporting period to which the Assessment applies by a person qualified as a Certified 

Infonnation System Security Professional (CISSP) or as a Certified Information Systems 

Auditor (CISA); a person holding Global Information Assurance Certification (GIAC) from the 

SysAdmin,. Audit, Network, Security (SANS) Institute; or a similarly qualified person Ol' 

organization approved by the Associate Director for Enforcement, Bureau ofConsumer 

Protection, Federal Trade Commission. 

Within fifteen (15) days after each Assessment is prepared and completed, Defendant 

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notice between February 15, 2024 and August 15,2025, stating that the first such additional 

Assessment will be required, and/or written notice, between February 15,2026 and August 15, 

2027 that the second additional Assessment will be required. 

Each Assessment shall: 

A. Set forth the specific administrative, technical, .and physical safeguards that Defendant 

has implemented and maintained during the reporting peliod to comply with Paragraph 

ill of the Final Order; 

B. Explain how such safeguards are appropriate to Defendant's size and complexity, the 

nature and scope of Defendant's activities, and the sensitivity of the personal information 

collected from or about consumers; 

C. Explain how the safeguards that have been implemented meet or exceed the protections 

required by Paragraph ill of the Final Order; and 

D. Certify that Defendant's security program is operating with sufficient effectiveness to 

provide reasonable asBUraDce that the security, confidentiality, and integrity of personal 

information is protected, and has so operated throughout the reporting period 

Each Assessment shall be prepared and completed within sixty (60) days after the end of 

the reporting period to which the Assessment applies by a person qualified as a Certified 

Infonnation System Security Professional (CISSP) or as a Certified Information Systems 

Auditor (CISA); a person holding Global Information Assurance Certification (GIAC) from the 

SysAdmin,. Audit, Network, Security (SANS) Institute; or a similarly qualified person Ol' 

organization approved by the Associate Director for Enforcement, Bureau of Consumer 

Protection, Federal Trade Commission. 

Within fifteen (15) days after each Assessment is prepared and completed, Defendant 

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shall notify the Cemmission that the Assessment has been prepared and completed and provide: 

(1) the name, address, phone number, and credentials ofthe third-party professional who 

conducted the Assessment; (2) an overview ofthe admini.stra.tive, technical, and physical 

safeguards the third-party professional evaluated for the Assessment; and (3) proofof 

certification from the third-party professional as required under Paragraph 1.D ofthis Second 

Supplemental Order. Defendant shall deliver all notifications to the Commission pursuant to 

Paragraph IV.D ofthe Supplemental Order. 

All Assessments shall be retained by Defendant until three (3) years after completion of 

the final Assessment and provided to the Associate Director for Enforcement upon request 

within ten (10) business days after Defendant receives such request. 

n. RETENTION OF JURISDICTION 

IT IS FURTHER ORDERED that this Court shall retain jurisdiction ofthis 

matter for purposes ofconstruction, modification, and enforcement ofthis Second Supplemental 

Order. 

III. COSTS.AND ATTORNEY'S FEES 

IT IS FURTHER ORDERED that each party shall bear its own costs and attorney's 

fees incurred in connection with this action. 

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Case 1 :06-cv-00198-JTC Document 9-1 Filed 09/02/10 Page 4 of 7 

shall notify the Cemmission that the Assessment has been prepared and completed and provide: 

(1) the name, address, phone number, and credentials of the third-party professional who 

conducted the Assessment; (2) an overview of the admini.stra.tive, technical, and physical 

safeguards the third-party professional evaluated for the Assessment; and (3) proof of 

certification from the third-party professional as required under Paragraph 1.D of this Second 

Supplemental Order. Defendant shall deliver all notifications to the Commission pursuant to 

Paragraph IV.D of the Supplemental Order. 

All Assessments shall be retained by Defendant until three (3) years after completion of 

the final Assessment and provided to the Associate Director for Enforcement upon request 

within ten (10) business days after Defendant receives such request. 

n. RETENTION OF JURISDICTION 

IT IS FURTHER ORDERED that this Court shall retain jurisdiction of this 

matter for purposes of construction, modification, and enforcement of this Second Supplemental 

Order. 

III. COSTS.AND ATTORNEY'S FEES 

IT IS FURTHER ORDERED that each party shall bear its own costs and attorney's 

fees incurred in connection with this action. 

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Case 1 :06-cv-00198-JTC Document 9-1 Filed 09/02/10 Page 5 of 7 

IV. NOTICE OF ENTRY OF SUPPLEMENTAL ORDER 

IT IS FURTHER ORDERED that entry in the docket ofthis Second Supplemental 

Order by the Clerk of Court shall constitute notice to Defendant ofthe tenns and conditions of 

this Second Supplemental Order. and that Defendant waives all rights to contest in any future 

proceeding whether Defendant was properly served with this Second Supplemental Older. 

IT IS SO ORDERED: 

Ho ~~Jack T. Camp 

United States District Judge 

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Case 1 :06-cv-00198-JTC Document 9-1 Filed 09/02/10 Page 5 of 7 

IV. NOTICE OF ENTRY OF SUPPLEMENTAL ORDER 

IT IS FURTHER ORDERED that entry in the docket of this Second Supplemental 

Order by the Clerk of Court shall constitute notice to Defendant of the tenns and conditions of 

this Second Supplemental Order. and that Defendant waives all rights to contest in any future 

proceeding whether Defendant was properly served with this Second Supplemental Older. 

IT IS SO ORDERED: 

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Ho ~~ Jack T. Camp 

United States District Judge 
Case 1:06-cv-00198-JTC Document 9-1 Filed 09/02/10 Page 6 of 7 

.. FOR THE FEDERAL TRADE COMMISSION: 

JAMES A. KOHM 


Associate Director for Enforcement 


ROBERT S. KAYE 


Assistant Director for Enforcement 


{pJk1J<;~:" Robin Rosen Spector,AttOtnei . 
 Jock Chung, Attomey 


Federal Trade Commission 


Division ofEnforcement 


600 Pennsylvania Avenue, NW 


Suite M-8102B 


~~n,D.C.20580 

(202) 326-3740 (Spector) 

(202) 326-2984 (Chung) 

(202) 326-2558 (fax) 

WTI..LARD K. TOM 


General Counsel 


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Robert ~)~ R. Belair, Esq 


Kevin L. Coy, Esq. 


Oldaker, Belait, & Wittie L.L.P. 


818 Connecticut Avenue, N.W. 


Suite 1100 


Washington, D.C. 20006 


Counsel for Defendant 

(!,/W .4-~iJ#5:J ChristopherW Ol.i,&q. 

Hogan & Hartson LLP 

Columbia Square 

555 Thirteenth Street N.W. 

Washington, D.C. 20004 

Counsel for Defendant 

Case 1:06-cv-00198-JTC Document 10 Filed 09/03/10 Page 6 of 7

Case 1:06-cv-00198-JTC Document 9-1 Filed 09/02/10 Page 6 of 7 

.. FOR THE FEDERAL TRADE COMMISSION: 

JAMES A. KOHM 

Associate Director for Enforcement 

ROBERT S. KAYE 

Assistant Director for Enforcement 

{pJk1J<;~:" Robin Rosen Spector, AttOtnei . Jock Chung, Attomey 

Federal Trade Commission 

Division of Enforcement 

600 Pennsylvania Avenue, NW 

Suite M-8102B 

~~n,D.C.20580 

(202) 326-3740 (Spector) 

(202) 326-2984 (Chung) 

(202) 326-2558 (fax) 

WTI..LARD K. TOM 

General Counsel 

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II 

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Robert ~)~ R. Belair, Esq 

Kevin L. Coy, Esq. 

Oldaker, Belait, & Wittie L.L.P. 

818 Connecticut Avenue, N.W. 

Suite 1100 

Washington, D.C. 20006 

Counsel for Defendant 

(!,/W .4-~iJ#5:J ChristopherW Ol.i,&q. 

Hogan & Hartson LLP 

Columbia Square 

555 Thirteenth Street N.W. 

Washington, D.C. 20004 

Counsel for Defendant 
Case 1 :06-cv-00198-JTC Document 9-1 Filed 09/02/10 Page 7 of 7 

FOR THE PLAINTIFF, THE UNITED STATES OF AMERICA: 

SALLY QillLLIAN YATES 

United States Attorney 

DANIEL A. CALDWELL 

Assi~t United States Attorney 

Georgia Bar No. 102510 

600 Richard B. Russell Building 

75 Spring Street~ SW 

Atlanta, Georgia 30303 

Telephone: (404) 581-6224 

Facsimile: (404) 581-6181 

E-mail: Dan.Caldwel1@usdoj.gov 

EUGENE M. THIROLF 

Director 

Office of Consumer Litigation 

KENNETH L. JOST 

Deputy Director 

Office of Consumer Litigation 

Trial ttorney 

Offic of Consumer Litigation 

PO Box 386 

Washington~ D.C. 20044 

Telephone: (202) 307-6154 

Facsimile: (202) 514-8742 

E-mail: Alan.Phelps@usdoj.gov 

Attorneys for Plaintiff 

United States of America 

Case 1:06-cv-00198-JTC Document 10 Filed 09/03/10 Page 7 of 7

Case 1 :06-cv-00198-JTC Document 9-1 Filed 09/02/10 Page 7 of 7 

FOR THE PLAINTIFF, THE UNITED STATES OF AMERICA: 

SALLY QillLLIAN YATES 

United States Attorney 

DANIEL A. CALDWELL 

Assi~t United States Attorney 

Georgia Bar No. 102510 

600 Richard B. Russell Building 

75 Spring Street~ SW 

Atlanta, Georgia 30303 

Telephone: (404) 581-6224 

Facsimile: (404) 581-6181 

E-mail: Dan.Caldwel1@usdoj.gov 

EUGENE M. THIROLF 

Director 

Office of Consumer Litigation 

KENNETH L. JOST 

Deputy Director 

Office of Consumer Litigation 

Trial ttorney 

Offic of Consumer Litigation 

PO Box 386 

Washington~ D.C. 20044 

Telephone: (202) 307-6154 

Facsimile: (202) 514-8742 

E-mail: Alan.Phelps@usdoj.gov 

Attorneys for Plaintiff 

United States of America