__________________________________________ 

 

 

 

 

 

 

12 18 2012 

UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

OFFICE OF ADMINISTRATIVE LAW JUDGES
 

) PUBLIC 

In the Matter of ) 

) 

McWANE, INC., ) DOCKET NO. 9351 

Respondent. )

 ) 

COMPLAINT COUNSEL’S UNOPPOSED MOTION FOR IN CAMERA 

TREATMENT OF TELEPHONE RECORDS 

Pursuant to Rule 3.45(b) of the Commission’s Rules of Practice and the 

Scheduling Order entered in this matter, Complaint Counsel hereby requests that the 

Court grant in camera treatment of telephone records in evidence at CX 1619, CX 1620, 

CX 1622, and CX 1623 (“Phone Records”). The Phone Records were admitted into 

evidence under the Joint Stipulation on Admissibility of Party Exhibits (JX 0002-A) and 

are attached hereto at Tabs 1 through 4. 

BACKGROUND 

In response to Complaint Counsel’s April 26, 2012 subpoena duces tecum, 

Verizon Legal Compliance and Verizon Wireless (collectively, “Verizon”) submitted 

Phone Records of certain employees of McWane, Inc. and Sigma Corporation. 

Specifically, CX 1619 contains call records for and CX 1622 contains call 

records for both of McWane, Inc. CX 1620 contains call records for 

 and CX 1623 contains call records for both of Sigma 

Corporation. These Phone Records would not be available to the public absent a 

subpoena. 
PUBLIC

ARGUMENT 

Because the Phone Records contain sensitive personal information under Rule 

3.45(b), this Court should grant in camera treatment for all Phone Records for a period of 

ten years. Rule 3.45(b) of the Federal Trade Commission’s Rules of Practice explicitly 

allows for in camera treatment of evidence that “constitutes sensitive personal 

information.” 16 C.F.R. § 3.45(b). Sensitive personal information under Rule 3.45(b) 

includes numbers and records “identifiable by individual.” Id. On September 14, 2012, 

this Court “determined that phone records, especially those that are subpoenaed, 

constitute sensitive personal information under the FTC Rules.” McWane Tr. at 2233 

(Sept. 14, 2012). 

Under Rule 3.45(b)’s definition, and this Court’s September 14, 2012 finding, the 

Phone Records constitute sensitive personal information eligible for in camera treatment. 

The Phone Records list phone calls to and from specific employees of McWane and 

Sigma, and are thus identifiable by individual. See 16 C.F.R. § 3.45(b). 

Because the Phone Records pertain to McWane’s and non-parties’ currently 

active telephone numbers, this Court should extend in camera treatment for these Phone 

Records to ten years. While in camera treatment generally does not extend beyond three 

years, the Commission grants longer in camera treatment to materials that are not 

“ordinary business records.” See In re H. P. Hood & Sons, 58 F.T.C. 1184, 1189 (1961) 

(describing customer names or profit and loss documents as ordinary business documents 

and distinguishing these from technical secrets). Phone records are not ordinary business 

records, and the sensitivity of the information that they contain is ongoing, and thus 

entitled to protection for a period of ten years. 

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PUBLIC

CONCLUSION 

For the reasons stated above, Complaint Counsel asks this Court to grant in 

camera treatment to the Phone Records for a period of ten years. 

Dated: December 18, 2012 Respectfully submitted, 

 s/ Mika Ikeda 

Edward Hassi, Esq. 

Linda Holleran, Esq. 

J. Alexander Ansaldo, Esq. 

Jeanine K. Balbach, Esq. 

Michael J. Bloom, Esq. 

Thomas H. Brock, Esq. 

 Monica M. Castillo, Esq. 

 Mika Ikeda, Esq. 
 

Andrew K. Mann, Esq.
 

Counsel Supporting the Complaint 

 Bureau of Competition

 Federal Trade Commission

 Washington, DC 20580 

 Telephone: (202) 326-2470 

 Facsimile: (202) 326-3496 

Electronic Mail: ehassi@ftc.gov 

3
 
__________________________________________ 

 

 

 

 

 

 

 

UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

OFFICE OF ADMINISTRATIVE LAW JUDGES
 

PUBLIC

) 

In the Matter of 

McWANE, INC., 

Respondent. 

) 

) 

) 

)

 ) 

DOCKET NO. 9351 

(Proposed) ORDER 

After reviewing Complaint Counsel’s Motion for In Camera Treatment for 

Witness Telephone Records, it is ordered that in camera status is hereby GRANTED for 

a period of 10 years, ending on December 13, 2022, for the following documents: CX 

1619; CX 1620; CX 1622; and CX 1623. 

ORDERED: _____________________________ 

 D. Michael Chappell

 Chief Administrative Law Judge 

Date: December , 2012 

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PUBLIC

CERTIFICATE OF SERVICE 

I hereby certify that on December 18, 2012, I filed the foregoing document 

electronically using the FTC’s E-Filing System, which will send notification of such 

filing to: 

Donald S. Clark 

Secretary 

 Federal Trade Commission 

600 Pennsylvania Ave., NW 

 Washington, DC 20580 

 I also certify that I delivered via electronic mail and hand delivery a copy of the 

foregoing document to: 

The Honorable D. Michael Chappell 

 Administrative Law Judge 

 Federal Trade Commission 

 600 Pennsylvania Ave., NW, Rm. H-110 

 Washington, DC 20580 

 I further certify that I delivered via electronic mail a copy of the foregoing 

document to: 

Joseph A. Ostoyich 

William C. Lavery 

Baker Botts L.L.P. 

The Warner 

1299 Pennsylvania Ave., NW 

Washington, DC 20004 

(202) 639-7700 

joseph.ostoyich@bakerbotts.com 

william.lavery@bakerbotts.com 

J. Alan Truitt 

Thomas W. Thagard III 

Maynard Cooper and Gale PC 

1901 Sixth Avenue North 

2400 Regions Harbert Plaza 

Birmingham, AL 35203 

(205) 254-1000 

atruitt@maynardcooper.com 

tthagard@maynardcooper.com 

Counsel for Respondent McWane, Inc. 
 

 

PUBLIC

CERTIFICATE FOR ELECTRONIC FILING 

 I certify that the electronic copy sent to the Secretary of the Commission is a true 

and correct copy of the paper original and that I possess a paper original of the signed 

document that is available for review by the parties and the adjudicator. 

December 18, 2012 By: s/ Mika Ikeda 

Attorney 
PUBLIC

TAB 1 

CX 1619 
PUBLIC

TAB 2 

CX 1620 
PUBLIC

TAB 3 

CX 1622 
PUBLIC

TAB 4 

CX 1623