Directors Desk LLC; Analysis of Proposed Consent Orders To Aid Public Comment, 53247-53249 [E9-24994]
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Federal Register / Vol. 74, No. 199 / Friday, October 16, 2009 / Notices
jlentini on DSKJ8SOYB1PROD with NOTICES
norms). The commenter further
recommends that the study pay special
attention to the matter ofdata matching
procedures, covering such maters as the
use of Social Security Numbers and
partial matches on consumer identifiers.
The matter of data matching procedures
has been reviewed in the 2004 Report to
Congress, and staff does not anticipate
that this study will specifically address
the internal data matching procedures
used by credit bureaus. However, the
contractor will keep a detailed narrative
regarding each participant, including
specific errors alleged and their
subsequent disposition. In tabulating
the types of confirmed errors via the
dispute process, the study will acquire
a great deal of information on the main
sources of error in credit reports.21
Further, in regard to an expressed
concern from Mr. Hendricks about
recognizing ID theft as an important
source of error, the category of alleged
error called ‘‘not mine’’ will be
separated into the subcategories of
‘‘mixed file’’ and ‘‘ID theft.’’
E. Request for Comments to Current 30Day Notice
Interested parties are invited to
submit written comments electronically
or in paper form. Comments should
refer to ‘‘National Accuracy Study:
Paperwork Comment (FTC file no.
P044804)’’ 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 (https://www.ftc.gov/os/
publiccomments.shtm).
Because comments will be made
public, they should not include any
sensitive personalinformation, such as
an individual’s Social Security Number;
date of birth; driver’s licensenumber or
other state identification number, or
foreign country equivalent; passport
number;financial account number; or
credit or debit card number. Comments
also should not includeany 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
orfinancial 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 Commission Rule
4.10(a)(2), 16 CFR 4.10(a)(2). Comments
21 See referenced Federal Register Notice at
35193 (note 9) and at 35194 (note 18) for the types
of errors to be tabulated.
VerDate Nov<24>2008
16:37 Oct 15, 2009
Jkt 220001
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).22
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 Web link: (https://
secure.commentworks.com/ftc/
FACTA319studypra2) (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
Web link: (https://
secure.commentworks.com/ftc/
FACTA319studypra2). If this Notice
appears at (https://www.regulations.gov),
you may also file an electronic comment
through that Web site. The Commission
will consider all comments that
regulations.gov forwards to it.
A comment filed in paper form
should include the ‘‘National Accuracy
Study: Paperwork Comment (FTC file
no. P044804)’’ 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 J), 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.
Comments on any proposed filing,
recordkeeping, or disclosure
requirements that are subject to
paperwork burden review under the
Paperwork Reduction Act (‘‘PRA’’)
should additionally be submitted to:
Office of Information and Regulatory
Affairs, Office of Management and
Budget (‘‘OMB’’), Attention: Desk
Officer for Federal Trade Commission.
Comments should be submitted via
facsimile to (202) 395–5167 because
U.S. postal mail at the OMB is subject
to delays due to heightened security
precautions.
The FTC Act and other laws the
Commission administers permit the
22 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 CPR 4.9(c).
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53247
collection of publiccomments to
consider and use in this proceeding as
appropriate. The Commission will
considerall 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’s Web
site, to the extentpracticable, at (https://
www.ftc.gov/os/publiccomments.shtm).
As a matter of discretion, the
Commission makes every effort to
remove home contact information for
individuals from thepublic comments it
receives before placing those comments
on the FTC’s Web site. More
information, including routine uses
permitted by the Privacy Act, may be
found in the FTC’sprivacy policy, at
(https://www.ftc.gov/ftc/privacy.shtm).
David C. Shonka,
Acting General Counsel.
[FR Doc. E9–24992 Filed 10–15–09; 8:45 am]
BILLING CODE 6750–01–S
FEDERAL TRADE COMMISSION
[File No. 092 3140]
Directors Desk LLC; Analysis of
Proposed Consent Orders To Aid
Public Comment
Federal Trade Commission.
Proposed consent agreement.
AGENCY:
ACTION:
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 November 5, 2009.
ADDRESSES: Interested parties are
invited to submit written comments
electronically or in paper form.
Comments should refer to ‘‘Directors
Desk, File No. 092 3140’’ 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 (https://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
E:\FR\FM\16OCN1.SGM
16OCN1
53248
Federal Register / Vol. 74, No. 199 / Friday, October 16, 2009 / Notices
jlentini on DSKJ8SOYB1PROD with NOTICES
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://
public.commentworks.com/ftc/
directorsdesk) 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/
directorsdesk). If this Notice appears at
(https://www.regulations.gov/search/
index.jsp), 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 (https://www.ftc.gov/) to
read the Notice and the news release
describing it.
A comment filed in paper form
should include the ‘‘Directors Desk, File
No. 092 3140’’ 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 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.
1 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).
VerDate Nov<24>2008
16:37 Oct 15, 2009
Jkt 220001
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
website, to the extent practicable, at
(https://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 (https://www.ftc.gov/ftc/
privacy.shtm).
FOR FURTHER INFORMATION CONTACT:
Molly Crawford (202-326-3076) or Katie
´
Ratte (202-326-3514), Bureau of
Consumer Protection, 600 Pennsylvania
Avenue, NW, Washington, D.C. 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 October 6, 2009), on the
World Wide Web, at (https://
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, D.C. 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
(‘‘FTC’’ or ‘‘Commission’’) has accepted,
subject to final approval, a consent
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agreement from Directors Desk LLC
(‘‘Directors Desk’’).
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.
This matter concerns alleged false or
misleading representations that
Directors Desk made to consumers
concerning its participation in the Safe
Harbor privacy framework (‘‘Safe
Harbor’’) agreed upon by the U.S. and
the European Union (‘‘EU’’). It is among
the Commission’s first cases to
challenge deceptive claims about the
Safe Harbor. The Safe Harbor provides
a mechanism for U.S. companies to
transfer data outside the EU consistent
with European law. To join the Safe
Harbor, a company must self-certify to
the U.S. Department of Commerce
(‘‘Commerce’’) that it complies with
seven principles and related
requirements. Commerce maintains a
public website, (www.export.gov/
safeharbor), where it posts the names of
companies that have self-certified to the
Safe Harbor. The listing of companies
indicates whether their self-certification
is ‘‘current’’ or ‘‘not current.’’
Companies are required to re-certify
every year in order to retain their status
as ‘‘current’’ members of the Safe Harbor
framework.
Directors Desk provides an online
application that allows members of
corporate boards of directors to access
board meeting materials, board minutes,
and other related documents through a
website (www.directorsdesk.com).
According to the Commission’s
complaint, Directors Desk set forth on
its website privacy policies and
statements about its practices, including
statements that it is a current participant
in the Safe Harbor.
The Commission’s complaint alleges
that Directors Desk falsely represented
that it was a current participant in the
Safe Harbor when, in fact, from
February 2008 until August 2009,
Directors Desk was not a current
participant in the Safe Harbor. The
Commission’s complaint alleges that in
February 2007, Directors Desk
submitted to Commerce a selfcertification, which it did not renew in
February 2008. Commerce then updated
its status to ‘‘not current’’ on the
Commerce public website. Directors
Desk remained in ‘‘not current’’ status
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Federal Register / Vol. 74, No. 199 / Friday, October 16, 2009 / Notices
until it submitted a self-certification to
Commerce in August 2009.
The proposed order applies to
Directors Desk’s representations about
its membership in any privacy, security,
or any other compliance program
sponsored by the government or any
other third party. It contains provisions
designed to prevent Directors Desk from
engaging in the future in practices
similar to those alleged in the
complaint.
Part I of the proposed order prohibits
Directors Desk from making
misrepresentations about its
membership in any privacy, security, or
any other compliance program
sponsored by the government or any
other third party.
Parts II through VI of the proposed
order are reporting and compliance
provisions. Part II requires Directors
Desk to retain documents relating to its
compliance with the order for a fiveyear period. Part III requires
dissemination of the order now and in
the future to persons with
responsibilities relating to the subject
matter of the order. Part IV ensures
notification to the FTC of changes in
corporate status. Part V mandates that
Directors Desk submit an initial
compliance report to the FTC, and make
available to the FTC subsequent reports.
Part VI is a provision ‘‘sunsetting’’ the
order after twenty (20) years, with
certain exceptions.
The purpose of the analysis is to
facilitate public comment on the
proposed order. 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. E9–24994 Filed 10–15–09; 8:45 am]
BILLING CODE 6750–01–S
FEDERAL TRADE COMMISSION
[File No. 092 3141]
Progressive Gaitways, Inc.; Analysis of
Proposed Consent Orders To Aid
Public Comment
Federal Trade Commission.
Proposed consent agreement.
AGENCY:
jlentini on DSKJ8SOYB1PROD with NOTICES
ACTION:
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
VerDate Nov<24>2008
16:37 Oct 15, 2009
Jkt 220001
consent order — embodied in the
consent agreement — that would settle
these allegations.
DATES: Comments must be received on
or before November 5, 2009.
ADDRESSES: Interested parties are
invited to submit written comments
electronically or in paper form.
Comments should refer to ‘‘Progressive
Gaitways, File No. 092 3141’’ 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
(https://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://
public.commentworks.com/ftc/
progressivegaitways) 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/
progressivegaitways). If this Notice
appears at (https://www.regulations.gov/
1 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).
PO 00000
Frm 00037
Fmt 4703
Sfmt 4703
53249
search/index.jsp), 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 (https://www.ftc.gov/) to
read the Notice and the news release
describing it.
A comment filed in paper form
should include the ‘‘Progressive
Gaitways, File No. 092 3141’’ 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 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
website, to the extent practicable, at
(https://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 (https://www.ftc.gov/ftc/
privacy.shtm).
FOR FURTHER INFORMATION CONTACT:
Molly Crawford (202-326-3076) or Katie
´
Ratte (202-326-3514), Bureau of
Consumer Protection, 600 Pennsylvania
Avenue, NW, Washington, D.C. 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
E:\FR\FM\16OCN1.SGM
16OCN1
]]>Agencies
[Federal Register Volume 74, Number 199 (Friday, October 16, 2009)]
[Notices]
[Pages 53247-53249]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-24994]
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
[File No. 092 3140]
Directors Desk LLC; Analysis of Proposed Consent Orders 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 November 5, 2009.
ADDRESSES: Interested parties are invited to submit written comments
electronically or in paper form. Comments should refer to ``Directors
Desk, File No. 092 3140'' 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 (https://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
[[Page 53248]]
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\
---------------------------------------------------------------------------
\1\ 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/directorsdesk) 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/directorsdesk). If
this Notice appears at (https://www.regulations.gov/search/index.jsp),
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 (https://www.ftc.gov/) to read
the Notice and the news release describing it.
A comment filed in paper form should include the ``Directors Desk,
File No. 092 3140'' 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 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 website, to the extent practicable,
at (https://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 (https://www.ftc.gov/ftc/privacy.shtm).
FOR FURTHER INFORMATION CONTACT: Molly Crawford (202-326-3076) or Katie
Ratt[eacute] (202-326-3514), Bureau of Consumer Protection, 600
Pennsylvania Avenue, NW, Washington, D.C. 20580.
SUPPLEMENTARY INFORMATION: Pursuant to section 6(f) of the Federal
Trade Commission Act, 38 Stat. 721, 15 U.S.C. 46(f), and Sec. 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 October 6, 2009), on the World Wide Web, at (https://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,
D.C. 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 (``FTC'' or ``Commission'') has
accepted, subject to final approval, a consent agreement from Directors
Desk LLC (``Directors Desk'').
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.
This matter concerns alleged false or misleading representations
that Directors Desk made to consumers concerning its participation in
the Safe Harbor privacy framework (``Safe Harbor'') agreed upon by the
U.S. and the European Union (``EU''). It is among the Commission's
first cases to challenge deceptive claims about the Safe Harbor. The
Safe Harbor provides a mechanism for U.S. companies to transfer data
outside the EU consistent with European law. To join the Safe Harbor, a
company must self-certify to the U.S. Department of Commerce
(``Commerce'') that it complies with seven principles and related
requirements. Commerce maintains a public website, (www.export.gov/safeharbor), where it posts the names of companies that have self-
certified to the Safe Harbor. The listing of companies indicates
whether their self-certification is ``current'' or ``not current.''
Companies are required to re-certify every year in order to retain
their status as ``current'' members of the Safe Harbor framework.
Directors Desk provides an online application that allows members
of corporate boards of directors to access board meeting materials,
board minutes, and other related documents through a website
(www.directorsdesk.com). According to the Commission's complaint,
Directors Desk set forth on its website privacy policies and statements
about its practices, including statements that it is a current
participant in the Safe Harbor.
The Commission's complaint alleges that Directors Desk falsely
represented that it was a current participant in the Safe Harbor when,
in fact, from February 2008 until August 2009, Directors Desk was not a
current participant in the Safe Harbor. The Commission's complaint
alleges that in February 2007, Directors Desk submitted to Commerce a
self-certification, which it did not renew in February 2008. Commerce
then updated its status to ``not current'' on the Commerce public
website. Directors Desk remained in ``not current'' status
[[Page 53249]]
until it submitted a self-certification to Commerce in August 2009.
The proposed order applies to Directors Desk's representations
about its membership in any privacy, security, or any other compliance
program sponsored by the government or any other third party. It
contains provisions designed to prevent Directors Desk from engaging in
the future in practices similar to those alleged in the complaint.
Part I of the proposed order prohibits Directors Desk from making
misrepresentations about its membership in any privacy, security, or
any other compliance program sponsored by the government or any other
third party.
Parts II through VI of the proposed order are reporting and
compliance provisions. Part II requires Directors Desk to retain
documents relating to its compliance with the order for a five-year
period. Part III requires dissemination of the order now and in the
future to persons with responsibilities relating to the subject matter
of the order. Part IV ensures notification to the FTC of changes in
corporate status. Part V mandates that Directors Desk submit an initial
compliance report to the FTC, and make available to the FTC subsequent
reports. Part VI is a provision ``sunsetting'' the order after twenty
(20) years, with certain exceptions.
The purpose of the analysis is to facilitate public comment on the
proposed order. 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. E9-24994 Filed 10-15-09; 8:45 am]
BILLING CODE 6750-01-S
