World Innovators,Inc.; Analysis of Proposed Consent Orders to Aid Public Comment, 53255-53257 [E9-24996]

Download as PDF Federal Register / Vol. 74, No. 199 / Friday, October 16, 2009 / Notices jlentini on DSKJ8SOYB1PROD with NOTICES 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 Collectify, Inc. (‘‘Collectify’’). 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 Collectify 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. Collectify sells comprehensive cataloguing software to consumers over the internet, including through a website (www.collectify.com). According to the Commission’s complaint, since at least September 2001, Collectify has set forth on its website, (www.collectify.com), privacy VerDate Nov<24>2008 16:37 Oct 15, 2009 Jkt 220001 policies and statements about its practices, including statements related to its participation in the Safe Harbor privacy framework. The Commission’s complaint alleges that Collectify falsely represented that it was a current participant in the Safe Harbor when, in fact, from October 2004 until July 2009, Collectify was not a current participant in the Safe Harbor. The Commission’s complaint alleges that in October 2001, Collectify submitted a Safe Harbor selfcertification, which it renewed in October 2002 and October 2003. Collectify did not renew its selfcertification in October 2004 and was in ‘‘not current’’ status on the Commerce website until it renewed its selfcertification in July 2009. Part I of the proposed order prohibits Collectify 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 Collectify 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 Collectify 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. E9–24951 Filed 10–15–09; 9:32 am] BILLING CODE 6750–01–S FEDERAL TRADE COMMISSION 53255 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 ‘‘World Innovators, File No. 092 3137’’ 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/ [File No. 092 3137] World Innovators,Inc.; Analysis of Proposed Consent Orders to Aid Public Comment Federal Trade Commission. Proposed Consent Agreement. AGENCY: ACTION: PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 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). E:\FR\FM\16OCN1.SGM 16OCN1 jlentini on DSKJ8SOYB1PROD with NOTICES 53256 Federal Register / Vol. 74, No. 199 / Friday, October 16, 2009 / Notices worldinnovators) 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/ worldinnovators). 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 ‘‘World Innovators, File No. 092 3137 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 VerDate Nov<24>2008 16:37 Oct 15, 2009 Jkt 220001 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 World Innovators, Inc. (‘‘World Innovators’’). 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 World Innovators 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 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 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. World Innovators is a list broker that also sells marketing consulting services, including through its website (www.worldinnovators.com). According to the Commission’s complaint, since at least November 2001, World Innovators has 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 World Innovators falsely represented that it was a current participant in the Safe Harbor when, in fact, from September 2004 until July 2009, World Innovators was not a current participant in the Safe Harbor. Specifically, the Commission’s complaint alleges that in September 2001, World Innovators submitted to Commerce a self-certification to the Safe Harbor and renewed that selfcertification in September 2002 and September 2003. In September 2004, World Innovators did not renew its selfcertification to the Safe Harbor, and Commerce updated its status to ‘‘not current’’ on its public website. World Innovators remained in ‘‘not current’’ status on Commerce’s website until it submitted a new Safe Harbor selfcertification in July 2009. The proposed order applies to World Innovators’ 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 World Innovators from engaging in the future in practices similar to those alleged in the complaint. Part I of the proposed order prohibits World Innovators 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 World Innovators 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 World Innovators submit an initial compliance report to the FTC, and make available to the FTC subsequent reports. E:\FR\FM\16OCN1.SGM 16OCN1 Federal Register / Vol. 74, No. 199 / Friday, October 16, 2009 / Notices 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. E9–24996 Filed 10–15–09; 9:30 am] BILLING CODE 6750–01–S GENERAL SERVICES ADMINISTRATION [OMB Control No. 3090–0228] Office of Civil Rights; Submission for OMB Review; Nondiscrimination in Federal Financial Assistance Programs Office of Civil Rights, GSA. Notice of request for comments regarding a renewal to an existing OMB clearance. AGENCY: jlentini on DSKJ8SOYB1PROD with NOTICES ACTION: SUMMARY: Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the General Services Administration will be submitting to the Office of Management and Budget (OMB) a request to review and approve a previously approved information collection requirement regarding nondiscrimination in Federal financial assistance programs. This information is needed to facilitate nondiscrimination in GSA’s Federal Financial Assistance Programs, consistent with Federal civil rights laws and regulations that apply to recipients of Federal financial assistance. Public comments are particularly invited on: Whether this collection of information is necessary and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate and based on valid assumptions and methodology; and ways to enhance the quality, utility, and clarity of the information to be collected. DATES: Submit comments on or before: November 16, 2009. FOR FURTHER INFORMATION CONTACT: Sloan Farrell, Compliance Officer, Office of Civil Rights, at telephone (202) 501–4347 or via e-mail to sloan.farrell@gsa.gov. Submit comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to the Regulatory Secretariat ADDRESSES: VerDate Nov<24>2008 16:37 Oct 15, 2009 Jkt 220001 53257 (MVPR), General Services Administration, 1800 F Street, NW., Room 4041, Washington, DC 20405. Please cite OMB Control No. 3090–0228, Nondiscrimination in Federal Financial Assistance Programs, in all correspondence. Dated: October 8, 2009. Casey Coleman, Chief Information Officer. [FR Doc. E9–24879 Filed 10–15–09; 8:45 am] SUPPLEMENTARY INFORMATION: DEPARTMENT OF HEALTH AND HUMAN SERVICES A. Purpose The General Services Administration (GSA) has mission responsibilities related to monitoring and enforcing compliance with Federal civil rights laws and regulations that apply to Federal Financial Assistance programs administered by GSA. Specifically, those laws provide that no person on the ground of race, color, national origin, disability, sex or age shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program in connection with which Federal financial assistance is extended under laws administered in whole or in part by GSA. These mission responsibilities generate the requirement to request and obtain certain data from recipients of Federal surplus property for the purpose of determining compliance, such as the number of individuals, based on race and ethnic origin, of the recipient’s eligible and actual serviced population; race and national origin of those denied participation in the recipient’s program(s); non-English languages encountered by the recipient’s program(s) and how the recipient is addressing meaningful access for individuals that are Limited English Proficient; whether there has been complaints or lawsuits filed against the recipient based on prohibited discrimination and whether there has been any findings; and whether the recipient’s facilities are accessible to qualified individuals with disabilities. B. Annual Reporting Burden Respondents: 200. Responses per Respondent: 1. Total Responses: 200. Hours per Response: 2. Total Burden Hours: 400. Obtaining Copies of Proposals: Requesters may obtain a copy of the information collection documents from the General Services Administration, Regulatory Secretariat (MVPR), 1800 F Street, NW., Room 4041, Washington, DC 20405, telephone (202) 501–4755. Please cite OMB Control No. 3090–0228, Nondiscrimination in Federal Financial Assistance Programs, in all correspondence. PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 BILLING CODE 6820–34–P Food and Drug Administration [Docket No. FDA–2009–N–0475] Agency Information Collection Activities; Proposed Collection; Comment Request; Administrative Detention and Banned Medical Devices AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration (FDA) is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act of 1995 (the PRA), Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on information collection requirements for administrative detention and banned medical devices. DATES: Submit written or electronic comments on the collection of information by December 15, 2009. ADDRESSES: Submit electronic comments on the collection of information to https:// www.regulations.gov. Submit written comments on the collection of information to the Division of Dockets Management (HFA–305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. All comments should be identified with the docket number found in brackets in the heading of this document. FOR FURTHER INFORMATION CONTACT: Denver Presley, Jr., Office of Information Management (HFA–710), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301–796–3793, Denver.Presley@fda.hhs.gov. Under the PRA (44 U.S.C. 3501-3520), Federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. ‘‘Collection of information’’ is defined SUPPLEMENTARY INFORMATION: E:\FR\FM\16OCN1.SGM 16OCN1

Agencies

[Federal Register Volume 74, Number 199 (Friday, October 16, 2009)]
[Notices]
[Pages 53255-53257]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-24996]


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

FEDERAL TRADE COMMISSION

[File No. 092 3137]


World Innovators,Inc.; 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 ``World 
Innovators, File No. 092 3137'' 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\
---------------------------------------------------------------------------

    \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/

[[Page 53256]]

worldinnovators) 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/worldinnovators). 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 ``World 
Innovators, File No. 092 3137 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 World 
Innovators, Inc. (``World Innovators'').
    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 World Innovators 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.
    World Innovators is a list broker that also sells marketing 
consulting services, including through its website 
(www.worldinnovators.com). According to the Commission's complaint, 
since at least November 2001, World Innovators has 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 World Innovators falsely 
represented that it was a current participant in the Safe Harbor when, 
in fact, from September 2004 until July 2009, World Innovators was not 
a current participant in the Safe Harbor. Specifically, the 
Commission's complaint alleges that in September 2001, World Innovators 
submitted to Commerce a self-certification to the Safe Harbor and 
renewed that self-certification in September 2002 and September 2003. 
In September 2004, World Innovators did not renew its self-
certification to the Safe Harbor, and Commerce updated its status to 
``not current'' on its public website. World Innovators remained in 
``not current'' status on Commerce's website until it submitted a new 
Safe Harbor self-certification in July 2009.
    The proposed order applies to World Innovators' 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 World Innovators from engaging 
in the future in practices similar to those alleged in the complaint.
    Part I of the proposed order prohibits World Innovators 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 World Innovators 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 World Innovators submit an 
initial compliance report to the FTC, and make available to the FTC 
subsequent reports.

[[Page 53257]]

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. E9-24996 Filed 10-15-09; 9:30 am]
BILLING CODE 6750-01-S
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