No FEAR Act Notice, 65824-65825 [E6-19066]
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65824
Federal Register / Vol. 71, No. 217 / Thursday, November 9, 2006 / Notices
Deception Allegation
The Commission’s complaint alleges
that by offering content over the Internet
such as browser upgrades, utilities,
games, screensavers, peer-to-peer file
sharing software and/or entertainment
content, without disclosing adequately
that this content was bundled with
Respondents’ adware, Respondents
committed a deceptive practice. The
bundling of Respondents’ adware,
which monitors their Internet use and
causes them to receive pop-up
advertisements, would be material to
consumers in their decision whether to
download the other software programs
and/or content.
Unfairness Allegations
The Commission’s complaint also
alleges that it was an unfair practice for
Respondents to install on consumers’
computers, without their knowledge or
authorization, adware that could not be
reasonably identified, located, or
removed by consumers. In addition, the
complaint alleges that it was an unfair
practice, in and of itself, for
Respondents not to provide consumers
with a reasonable means to identify,
locate, and remove Respondents’
adware from their computers. The
complaint further alleges that these
practices have caused or are likely to
cause substantial consumer injury by
requiring consumers to spend
substantial time and/or money to locate
and remove this adware from their
computers. The injury to consumers was
neither reasonably avoided by the
consumers themselves, nor outweighed
by countervailing benefits to consumers
or competition.
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The Proposed Consent Order
The proposed consent order contains
provisions designed to prevent
Respondents from engaging in similar
acts and practices in the future and to
halt continuing harm caused by
Respondents’ prior unlawful practices.
Part I of the proposed order prohibits
Respondents from contacting any
consumer’s computer, to display ads or
otherwise, if their adware was installed
on that computer before January 1, 2006.
Parts II and III prohibit Respondents
from, or assisting others in, installing
software onto any computer by
exploiting security vulnerabilities or
failing to give adequate notice to
consumers, or installing any software
program or application without express
consent. ‘‘Express consent’’ is defined in
the proposed order to require clear and
prominent disclosure of material terms
prior to and separate from any end user
license agreement, and consumer
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activation of the download or
installation via clicking a button or a
substantially similar action.
Part IV requires Respondents to
establish, implement, and maintain a
clearly disclosed, user-friendly
mechanism through which consumers
can report and Respondents can timely
address complaints regarding
Respondents’ practices.
Part V requires Respondents to
establish, implement, and maintain a
comprehensive program that is
reasonably designed to require affiliates
to obtain express consent before
installing Respondents’ software onto
consumers’ computers. Part V also
contains sub-parts mandating certain
measures Respondents must take to
monitor their distribution network.
Part VI requires Respondents to
identify advertisements served via
Respondents’ adware in order for
consumers to easily locate the source of
the advertisement, easily access
Respondents’ complaint mechanism,
and access directions on how to
uninstall such adware.
Part VII requires Respondents to
provide reasonable and effective means
for consumers to uninstall Respondents’
adware.
Part IX requires Respondents to pay
$3 million to the Commission over the
course of a year. In the discretion of the
Commission, these funds may be used
to provide such relief as it determines
to be reasonably related to Respondents’
practices alleged in the complaint, and
to pay any attendant administrative
costs. Such relief may include the
rescission of contracts, payment of
damages, and/or public notification
respecting such unfair or deceptive
practices. If the Commission
determines, in its sole discretion, that
such relief is wholly or partially
impractical, any funds not used shall be
paid to the U.S. Treasury.
Part X requires Respondents to
cooperate with the Commission in this
action or any subsequent investigations
related to or associated with the
transactions or the occurrences that are
the subject of the Complaint.
The remaining order provisions
govern record retention (Part VIII), order
distribution (Part XI), ongoing reporting
requirements (Parts XII and XIII), and
filing a compliance report (Part XIV).
Part XV provides that the order will
terminate after twenty (20) years under
certain circumstances.
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.
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By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. E6–18912 Filed 11–8–06; 8:45 am]
BILLING CODE 6750–01–P
FEDERAL TRADE COMMISSION
No FEAR Act Notice
AGENCY:
Federal Trade Commission
(FTC).
ACTION:
Notice.
SUMMARY: The Federal Trade
Commission (FTC) is providing notice
to its employees, former employees, and
applicants for Federal employment
about the rights and remedies available
to them under the Federal
antidiscrimination, whistleblower
protection, and retaliation laws. This
notice fulfills the FTC’s initial
notification obligation under the
Notification and Federal Employees
Antidiscrimination and Retaliation Act
(No FEAR Act), as implemented by
Office of Personnel Management (OPM)
regulations at 5 CFR part 724.
FOR FURTHER INFORMATION CONTACT:
Barbara Wiggs, Director, Office of Equal
Employment Opportunity (EEO), by
mail at Federal Trade Commission, Mail
Drop H–413, 600 Pennsylvania Avenue,
NW., Washington, DC 20580, or by
telephone at (202) 326–2197. Additional
information can be found on the FTC’s
Web site at https://www.ftc.gov.
SUPPLEMENTARY INFORMATION: On May
15, 2002, Congress enacted the
‘‘Notification and Federal Employee
Antidiscrimination and Retaliation Act
of 2002,’’ which is now known as the
No FEAR Act. See Pub. L. 107–174,
codified at 5 U.S.C. 2301 note. As stated
in the full title of the Act, the Act is
intended to ‘‘require that Federal
agencies be accountable for violations of
antidiscrimination and whistleblower
protection laws.’’ In support of this
purpose, Congress found that ‘‘agencies
cannot be run effectively if those
agencies practice or tolerate
discrimination.’’ Pub. L. 107–174,
section 101(1).
The Act also requires this agency to
provide this notice to its Federal
employees, former Federal employees
and applicants for Federal employment
to inform you of the rights and
protections available to you under
Federal antidiscrimination,
whistleblower protection, and
retaliation laws.
Antidiscrimination Laws
A Federal agency cannot discriminate
against an employee or applicant with
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Federal Register / Vol. 71, No. 217 / Thursday, November 9, 2006 / Notices
sroberts on PROD1PC70 with NOTICES
respect to the terms, conditions or
privileges of employment on the basis of
race, color, religion, sex, national origin,
age, disability, marital status or political
affiliation. Discrimination on these
bases is prohibited by one or more of the
following statutes: 5 U.S.C. 2302(b)(1),
29 U.S.C. 206(d), 29 U.S.C. 631, 29
U.S.C. 633a, 29 U.S.C. 791 and 42 U.S.C.
2000e–16.
If you believe that you have been the
victim of unlawful discrimination on
the basis of race, color, religion, sex,
national origin or disability, you must
contact an Equal Employment
Opportunity (EEO) counselor within 45
calendar days of the alleged
discriminatory action, or, in the case of
a personnel action, within 45 calendar
days of the effective date of the action,
before you can file a formal complaint
of discrimination with your agency. See,
e.g., 29 CFR part 1614. If you believe
that you have been the victim of
unlawful discrimination on the basis of
age, you must either contact an EEO
counselor as noted above or give notice
of intent to sue to the Equal
Employment Opportunity Commission
(EEOC) within 180 calendar days of the
alleged discriminatory action. If you are
alleging discrimination based on marital
status or political affiliation, you may
file a written complaint with the U.S.
Office of Special Counsel (OSC) (see
contact information below). In the
alternative (or in some cases, in
addition), you may pursue a
discrimination complaint by filing a
grievance through your agency’s
administrative or negotiated grievance
procedures, if such procedures apply
and are available.
Whistleblower Protection Laws
A Federal employee with authority to
take, direct others to take, recommend
or approve any personnel action must
not use that authority to take or fail to
take, or threaten to take or fail to take,
a personnel action against an employee
or applicant because of disclosure of
information by that individual that is
reasonably believed to evidence
violations of law, rule or regulation;
gross mismanagement; gross waste of
funds; an abuse of authority; or a
substantial and specific danger to public
health or safety, unless disclosure of
such information is specifically
prohibited by law and such information
is specifically required by Executive
order to be kept secret in the interest of
national defense or the conduct of
foreign affairs.
Retaliation against an employee or
applicant for making a protected
disclosure is prohibited by 5 U.S.C.
2302(b)(8). If you believe that you have
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16:26 Nov 08, 2006
Jkt 211001
been the victim of whistleblower
retaliation, you may file a written
complaint (Form OSC–11) with the U.S.
Office of Special Counsel at 1730 M
Street, NW., Suite 218, Washington, DC
20036–4505 or online through the OSC
Web site at https://www.osc.gov.
65825
including the provisions of law
specified in 5 U.S.C. 2302(d).
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. E6–19066 Filed 11–8–06; 8:45 am]
BILLING CODE 6750–01–P
Retaliation for Engaging in Protected
Activity
A Federal agency cannot retaliate
against an employee or applicant
because that individual exercises his or
her rights under any of the Federal
antidiscrimination or whistleblower
protection laws listed above. If you
believe that you are the victim of
retaliation for engaging in protected
activity, you must follow, as
appropriate, the procedures described in
the Antidiscrimination Laws and
Whistleblower Protection Laws sections
or, if applicable, the administrative or
negotiated grievance procedures in
order to pursue any legal remedy.
Disciplinary Actions
Under the existing laws, each agency
retains the right, where appropriate, to
discipline a Federal employee for
conduct that is inconsistent with
Federal antidiscrimination and
whistleblower protection laws up to and
including removal. If OSC has initiated
an investigation under 5 U.S.C. 1214,
however, according to 5 U.S.C. 1214(f),
agencies must seek approval from the
Special Counsel to discipline employees
for, among other activities, engaging in
prohibited retaliation. Nothing in the No
FEAR Act alters existing laws or permits
an agency to take unfounded
disciplinary action against a Federal
employee or to violate the procedural
rights of a Federal employee who has
been accused of discrimination.
Additional Information
For further information regarding the
No FEAR Act regulations, refer to 5 CFR
part 724, as well as the appropriate
offices within the FTC (e.g., Office of
EEO, Human Resources Management
Office, or Office of the General Counsel).
Additional information regarding
Federal antidiscrimination,
whistleblower protection and retaliation
laws can be found on the EEOC Web site
at https://www.eeoc.gov and on the OSC
Web site at https://www.osc.gov.
Existing Rights Unchanged
Pursuant to section 205 of the No
FEAR Act, neither the Act nor this
notice creates, expands or reduces any
rights otherwise available to any
employee, former employee or applicant
under the laws of the United States,
PO 00000
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Fmt 4703
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GENERAL SERVICES
ADMINISTRATION
[BCA 2006–N01]
Board of Contract Appeals; The
Establishment of The Civilian Board of
Contract Appeals and the Termination
of The Boards of Contract Appeals of
the General Services Administration
and the Departments of Agriculture,
Energy, Housing and Urban
Development, Interior, Labor,
Transportation, and Veterans Affairs
General Services
Administration (GSA), Board of
Contract Appeals.
ACTION: Notice.
AGENCY:
SUMMARY: In section 847 of the National
Defense Authorization Act for Fiscal
Year 2006, Pub. L. No. 109–163,
Congress established the Civilian Board
of Contract Appeals (CBCA) within GSA
to hear and decide contract disputes
involving executive agencies (other than
the Department of Defense, the
Department of the Army, the
Department of the Navy, the Department
of the Air Force, the National
Aeronautics and Space Administration,
the United States Postal Service, the
Postal Rate Commission, and the
Tennessee Valley Authority) under the
provisions of the Contract Disputes Act
of 1978 and regulations and rules issued
thereunder. Boards of contract appeals
currently exist at the General Services
Administration and the departments of
Agriculture, Energy, Housing and Urban
Development, Interior, Labor,
Transportation, and Veterans Affairs.
Effective January 6, 2007, all of those
boards in existence on that date will
terminate, and their cases, Board judges,
and other personnel will transfer to the
new Civilian Board.
SUPPLEMENTARY INFORMATION: The
legislation establishing the Civilian
Board provides that the CBCA will have
jurisdiction to decide contract appeals
from any executive agency (other than
the Department of Defense, the
Department of the Army, the
Department of the Navy, the Department
of the Air Force, the National
Aeronautics and Space Administration,
the United States Postal Service, the
Postal Rate Commission, and the
E:\FR\FM\09NON1.SGM
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Agencies
[Federal Register Volume 71, Number 217 (Thursday, November 9, 2006)]
[Notices]
[Pages 65824-65825]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-19066]
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
No FEAR Act Notice
AGENCY: Federal Trade Commission (FTC).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Federal Trade Commission (FTC) is providing notice to its
employees, former employees, and applicants for Federal employment
about the rights and remedies available to them under the Federal
antidiscrimination, whistleblower protection, and retaliation laws.
This notice fulfills the FTC's initial notification obligation under
the Notification and Federal Employees Antidiscrimination and
Retaliation Act (No FEAR Act), as implemented by Office of Personnel
Management (OPM) regulations at 5 CFR part 724.
FOR FURTHER INFORMATION CONTACT: Barbara Wiggs, Director, Office of
Equal Employment Opportunity (EEO), by mail at Federal Trade
Commission, Mail Drop H-413, 600 Pennsylvania Avenue, NW., Washington,
DC 20580, or by telephone at (202) 326-2197. Additional information can
be found on the FTC's Web site at https://www.ftc.gov.
SUPPLEMENTARY INFORMATION: On May 15, 2002, Congress enacted the
``Notification and Federal Employee Antidiscrimination and Retaliation
Act of 2002,'' which is now known as the No FEAR Act. See Pub. L. 107-
174, codified at 5 U.S.C. 2301 note. As stated in the full title of the
Act, the Act is intended to ``require that Federal agencies be
accountable for violations of antidiscrimination and whistleblower
protection laws.'' In support of this purpose, Congress found that
``agencies cannot be run effectively if those agencies practice or
tolerate discrimination.'' Pub. L. 107-174, section 101(1).
The Act also requires this agency to provide this notice to its
Federal employees, former Federal employees and applicants for Federal
employment to inform you of the rights and protections available to you
under Federal antidiscrimination, whistleblower protection, and
retaliation laws.
Antidiscrimination Laws
A Federal agency cannot discriminate against an employee or
applicant with
[[Page 65825]]
respect to the terms, conditions or privileges of employment on the
basis of race, color, religion, sex, national origin, age, disability,
marital status or political affiliation. Discrimination on these bases
is prohibited by one or more of the following statutes: 5 U.S.C.
2302(b)(1), 29 U.S.C. 206(d), 29 U.S.C. 631, 29 U.S.C. 633a, 29 U.S.C.
791 and 42 U.S.C. 2000e-16.
If you believe that you have been the victim of unlawful
discrimination on the basis of race, color, religion, sex, national
origin or disability, you must contact an Equal Employment Opportunity
(EEO) counselor within 45 calendar days of the alleged discriminatory
action, or, in the case of a personnel action, within 45 calendar days
of the effective date of the action, before you can file a formal
complaint of discrimination with your agency. See, e.g., 29 CFR part
1614. If you believe that you have been the victim of unlawful
discrimination on the basis of age, you must either contact an EEO
counselor as noted above or give notice of intent to sue to the Equal
Employment Opportunity Commission (EEOC) within 180 calendar days of
the alleged discriminatory action. If you are alleging discrimination
based on marital status or political affiliation, you may file a
written complaint with the U.S. Office of Special Counsel (OSC) (see
contact information below). In the alternative (or in some cases, in
addition), you may pursue a discrimination complaint by filing a
grievance through your agency's administrative or negotiated grievance
procedures, if such procedures apply and are available.
Whistleblower Protection Laws
A Federal employee with authority to take, direct others to take,
recommend or approve any personnel action must not use that authority
to take or fail to take, or threaten to take or fail to take, a
personnel action against an employee or applicant because of disclosure
of information by that individual that is reasonably believed to
evidence violations of law, rule or regulation; gross mismanagement;
gross waste of funds; an abuse of authority; or a substantial and
specific danger to public health or safety, unless disclosure of such
information is specifically prohibited by law and such information is
specifically required by Executive order to be kept secret in the
interest of national defense or the conduct of foreign affairs.
Retaliation against an employee or applicant for making a protected
disclosure is prohibited by 5 U.S.C. 2302(b)(8). If you believe that
you have been the victim of whistleblower retaliation, you may file a
written complaint (Form OSC-11) with the U.S. Office of Special Counsel
at 1730 M Street, NW., Suite 218, Washington, DC 20036-4505 or online
through the OSC Web site at https://www.osc.gov.
Retaliation for Engaging in Protected Activity
A Federal agency cannot retaliate against an employee or applicant
because that individual exercises his or her rights under any of the
Federal antidiscrimination or whistleblower protection laws listed
above. If you believe that you are the victim of retaliation for
engaging in protected activity, you must follow, as appropriate, the
procedures described in the Antidiscrimination Laws and Whistleblower
Protection Laws sections or, if applicable, the administrative or
negotiated grievance procedures in order to pursue any legal remedy.
Disciplinary Actions
Under the existing laws, each agency retains the right, where
appropriate, to discipline a Federal employee for conduct that is
inconsistent with Federal antidiscrimination and whistleblower
protection laws up to and including removal. If OSC has initiated an
investigation under 5 U.S.C. 1214, however, according to 5 U.S.C.
1214(f), agencies must seek approval from the Special Counsel to
discipline employees for, among other activities, engaging in
prohibited retaliation. Nothing in the No FEAR Act alters existing laws
or permits an agency to take unfounded disciplinary action against a
Federal employee or to violate the procedural rights of a Federal
employee who has been accused of discrimination.
Additional Information
For further information regarding the No FEAR Act regulations,
refer to 5 CFR part 724, as well as the appropriate offices within the
FTC (e.g., Office of EEO, Human Resources Management Office, or Office
of the General Counsel). Additional information regarding Federal
antidiscrimination, whistleblower protection and retaliation laws can
be found on the EEOC Web site at https://www.eeoc.gov and on the OSC Web
site at https://www.osc.gov.
Existing Rights Unchanged
Pursuant to section 205 of the No FEAR Act, neither the Act nor
this notice creates, expands or reduces any rights otherwise available
to any employee, former employee or applicant under the laws of the
United States, including the provisions of law specified in 5 U.S.C.
2302(d).
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. E6-19066 Filed 11-8-06; 8:45 am]
BILLING CODE 6750-01-P