Epic Marketplace, Inc., and Epic Media Group, LLC; Analysis of Proposed Consent Order To Aid Public Comment, 73655-73657 [2012-29880]

Download as PDF Federal Register / Vol. 77, No. 238 / Tuesday, December 11, 2012 / Notices On the day of the meeting, you will be able to view the meeting via webcast from a link available on the Board’s public Web site. You do not need to register to view the webcast of the meeting. A link to the meeting documentation will also be available approximately 20 minutes before the start of the meeting. Both links may be accessed from the Board’s public Web site at www.federalreserve.gov. If you plan to attend the open meeting in person, we ask that you notify us in advance and provide your name, date of birth, and social security number (SSN) or passport number. You may provide this information by calling 202–452– 2474 or you may register online. You may pre-register until close of business on December 13, 2012. You also will be asked to provide identifying information, including a photo ID, before being admitted to the Board meeting. The Public Affairs Office must approve the use of cameras; please call 202–452–2955 for further information. If you need an accommodation for a disability, please contact Penelope Beattie on 202–452–3982. For the hearing impaired only, please use the Telecommunication Device for the Deaf (TDD) on 202–263–4869. The information you provide will be used to assist us in prescreening you to ensure the security of the Board’s premises and personnel. In order to do this, we may disclose your information consistent with the routine uses listed in the Privacy Act Notice for BGFRS–32, including to appropriate federal, state, local, or foreign agencies where disclosure is reasonably necessary to determine whether you pose a security risk or where the security or confidentiality of your information has been compromised. We are authorized to collect your information by 12 U.S.C 243 and 248, and Executive Order 9397. In accordance with Executive Order 9397, we collect your SSN so that we can keep accurate records, because other people may have the same name and birth date. In addition, we use your SSN when we make requests for information about you from law enforcement and other regulatory agency databases. Furnishing the information requested is voluntary; however, your failure to provide any of the information requested may result in disapproval of your request for access to the Board’s premises. You may be subject to a fine or imprisonment under 18 U.S.C. 1001 for any false statements you make in your request to enter the Board’s premises. tkelley on DSK3SPTVN1PROD with PRIVACY ACT NOTICE: VerDate Mar<15>2010 19:01 Dec 10, 2012 Jkt 229001 73655 Matters To Be Considered Part Closed to the Public 1. Discussion of proposals implementing sections 165 and 166 of the Dodd-Frank Act (enhanced prudential standards and early remediation requirements) for large foreign banking organizations and foreign nonbank companies supervised by the Board. 1. Personnel Notes: 1. The staff memo to the Board will be made available to the public on the day of the meeting in paper and the background material will be made available on a compact disc (CD). If you require a paper copy of the entire document, please call Penelope Beattie on 202–452–3982. The documentation will not be available until about 20 minutes before the start of the meeting. [FR Doc. 2012–29934 Filed 12–7–12; 11:15 am] DISCUSSION AGENDA: 2. This meeting will be recorded for the benefit of those unable to attend. The webcast recording and a transcript of the meeting will be available after the meeting on the Board’s public web site https://www.federalreserve.gov/ aboutthefed/boardmeetings/ 20121214openmemo.htm or if you prefer, a CD recording of the meeting will be available for listening in the Board’s Freedom of Information Office, and copies can be ordered for $4 per disc by calling 202–452–3684 or by writing to: Freedom of Information Office, Board of Governors of the Federal Reserve System, Washington, DC 20551. FOR MORE INFORMATION PLEASE CONTACT: Michelle Smith, Director, or Dave Skidmore, Assistant to the Board, Office of Board Members at 202–452–2955. SUPPLEMENTARY INFORMATION: You may call 202–452–3206 for a recorded Announcement of this meeting; or you may access the Board’s public Web site at www.federalreserve.gov for an electronic announcement. (The Web site also includes procedural and other information about the open meeting.) Dated: December 7, 2012. Robert deV. Frierson, Secretary of the Board. [FR Doc. 2012–29942 Filed 12–7–12; 4:15 pm] BILLING CODE 6210–01–P FEDERAL RETIREMENT THRIFT INVESTMENT BOARD Sunshine Act; Notice of Meeting 12:00 p.m. (Eastern Time), December 13, 2012. PLACE: 10th Floor Conference Room, 77 K Street, NE., Suite 1000, Washington, DC 20002. STATUS: Will be closed to the public. MATTERS TO BE CONSIDERED: TIME AND DATE: PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 CONTACT PERSON FOR MORE INFORMATION: Kimberly A. Weaver, Director, Office of External Affairs, (202) 942–1640. Dated: December 6, 2012. James B. Petrick, Secretary, Federal Retirement Thrift Investment Board. BILLING CODE 6760–01–P FEDERAL TRADE COMMISSION [File No. 112 3182] Epic Marketplace, Inc., and Epic Media Group, LLC; Analysis of Proposed Consent Order To Aid Public Comment Federal Trade Commission. Proposed Consent Agreement. AGENCY: ACTION: 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. SUMMARY: Comments must be received on or before January 7, 2013. ADDRESSES: Interested parties may file a comment at https://ftcpublic. commentworks.com/ftc/epicmarket placeconsent online or on paper, by following the instructions in the Request for Comment part of the SUPPLEMENTARY INFORMATION section below. Write AEpic, File No. 112 3182’’ on your comment and file your comment online at https://ftcpublic. commentworks.com/ftc/epicmarket placeconsent by following the instructions on the web-based form. If you prefer to file your comment on paper, mail or deliver your comment to the following address: Federal Trade Commission, Office of the Secretary, Room H–113 (Annex D), 600 Pennsylvania Avenue NW., Washington, DC 20580. FOR FURTHER INFORMATION CONTACT: Kate White (202–326–2878), FTC, Bureau of Consumer Protection, 600 Pennsylvania Avenue NW., Washington, DC 20580. SUPPLEMENTARY INFORMATION: Pursuant to Section 6(f) of the Federal Trade Commission Act, 15 U.S.C. 46(f), and FTC Rule 2.34, 16 CFR 2.34, notice is hereby given that the above-captioned consent agreement containing a consent DATES: E:\FR\FM\11DEN1.SGM 11DEN1 tkelley on DSK3SPTVN1PROD with 73656 Federal Register / Vol. 77, No. 238 / Tuesday, December 11, 2012 / Notices 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 December 5, 2012), 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, DC 20580, either in person or by calling (202) 326–2222. You can file a comment online or on paper. For the Commission to consider your comment, we must receive it on or before January 7, 2013. Write AEpic, File No. 112 3182’’ on your comment. Your comment B including your name and your state B will be placed on the public record of this proceeding, including, to the extent practicable, on the public Commission Web site, at https://www.ftc.gov/os/ publiccomments.shtm. As a matter of discretion, the Commission tries to remove individuals’ home contact information from comments before placing them on the Commission Web site. Because your comment will be made public, you are solely responsible for making sure that your comment does not include any sensitive personal information, like anyone’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. You are also solely responsible for making sure that your comment does not include any sensitive health information, like medical records or other individually identifiable health information. In addition, do not include any A[t]rade secret or any commercial or financial information which * * * is privileged or confidential,’’ as discussed in Section 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). In particular, do not include competitively sensitive information such as costs, sales statistics, inventories, formulas, patterns, devices, manufacturing processes, or customer names. If you want the Commission to give your comment confidential treatment, you must file it in paper form, with a request for confidential treatment, and you have to follow the procedure VerDate Mar<15>2010 19:01 Dec 10, 2012 Jkt 229001 explained in FTC Rule 4.9(c), 16 CFR 4.9(c).1 Your comment will be kept confidential only if the FTC General Counsel, in his or her sole discretion, grants your request in accordance with the law and the public interest. Postal mail addressed to the Commission is subject to delay due to heightened security screening. As a result, we encourage you to submit your comments online. To make sure that the Commission considers your online comment, you must file it at https:// ftcpublic.commentworks.com/ftc/epic marketplaceconsent by following the instructions on the web-based form. If this Notice appears at https://www. regulations.gov/#!home, you also may file a comment through that Web site. If you file your comment on paper, write AEpic, File No. 112 3182’’ on your comment and on the envelope, and mail or deliver it to the following address: Federal Trade Commission, Office of the Secretary, Room H–113 (Annex D), 600 Pennsylvania Avenue NW., Washington, DC 20580. If possible, submit your paper comment to the Commission by courier or overnight service. Visit the Commission Web site at https://www.ftc.gov to read this Notice and the news release describing it. The FTC Act and other laws that 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 on or before January 7, 2013. You can find more information, including routine uses permitted by the Privacy Act, in the Commission’s privacy policy, at https://www.ftc.gov/ftc/privacy.htm. Analysis of Agreement Containing Consent Order To Aid Public Comment The Federal Trade Commission has accepted, subject to final approval, a consent agreement from Epic Marketplace, Inc. and Epic Media Group, LLC. 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 1 In particular, the written request for confidential treatment that accompanies the comment must include the factual and legal basis for the request, and must identify the specific portions of the comment to be withheld from the public record. See FTC Rule 4.9(c), 16 CFR 4.9(c). PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 appropriate action or make final the agreement’s proposed order. Epic Marketplace, Inc. (‘‘Epic’’) is an advertising company that engages in online behavioral advertising, which is the practice of tracking a consumer’s online activities in order to deliver advertising targeted to the consumer’s interests. Epic is a wholly-owned subsidiary of Epic Media Group, LLC (‘‘EMG’’). Epic acts as an intermediary between Web site owners who publish advertisements on their Web site for a fee (‘‘publishers’’) and advertisers who wish to have their advertisements placed on Web sites. Epic purchases advertising space on publishers’ Web sites and contracts with advertisers to place their advertisements on the Web sites. Epic refers to the network of Web sites on which it purchases advertising space as the Epic Marketplace Network, which includes over 45,000 publishers. The Commission’s complaint alleges that, from March 2010 through August 2011, Epic engaged in ‘‘history sniffing’’—running software code on a Web page to determine whether a user has previously visited a Web page—by checking how a user’s browser styles the display of a hyperlink. This practice allegedly allowed Epic to determine whether a consumer had visited any of over 54,000 domains, including pages relating to fertility issues, impotence, menopause, incontinence, disability insurance, credit repair, debt relief, and personal bankruptcy. According to the complaint, history sniffing allowed Epic to determine whether consumers had visited Web pages that were outside the Epic Marketplace Network, information it would not otherwise have been able to obtain, and Epic used this historysniffing data for behavioral targeting purposes. The FTC’s complaint charges that Epic and EMG violated Section 5(a) of the FTC Act by falsely representing to consumers that respondents only collected information on consumers’ visits to Web sites within the Epic Marketplace Network. The complaint also alleges that the companies failed to disclose to consumers that they were engaged in history sniffing. The proposed order contains provisions designed to prevent Epic; EMG; their parent company FAS Labs, Inc.; and any of their subsidiaries, successors, and assigns (collectively, ‘‘respondents’’) from engaging in practices similar to those alleged in the complaint in the future. Part I of the proposed order prohibits respondents from misrepresenting in any manner, expressly or by implication: (A) The extent to which they maintain the privacy or E:\FR\FM\11DEN1.SGM 11DEN1 Federal Register / Vol. 77, No. 238 / Tuesday, December 11, 2012 / Notices confidentiality of data from or about a particular consumer, computer, or device, including but not limited to the extent to which that data is collected, used, disclosed, or shared; or (B) the extent to which software code on a Web page determines whether a user has previously visited a Web page. Part II of the proposed order prohibits respondents from collecting any data through history sniffing—running software code on a Web page to determine whether a user has previously visited a Web page by checking how a user’s browser styles the display of a hyperlink or by accessing a user’s browser cache—or using any data obtained by history sniffing. Part III of the proposed order prohibits respondents from using, disclosing, selling, renting, leasing, or transferring any information that was collected using history sniffing. In addition, within five (5) days after the date of service of the order, respondents must permanently delete or destroy all information collected using history sniffing. Parts IV through VIII of the proposed order are reporting and compliance provisions. Part IV requires that respondents retain, for a period of three (3) years, documents relating to its compliance with the order. Part V requires dissemination of the order to all current and future principals, officers, directors, and managers; and all current and future managers, employees, agents, and representatives who have responsibilities on behalf of respondents with respect to the subject matter of this order. Part VI ensures notification to the FTC of changes in corporate status. Part VII mandates that respondents submit an initial compliance report to the FTC and make available to the FTC subsequent reports. Part VIII is a provision ‘‘sunsetting’’ the order after twenty (20) years, with certain exceptions. The purpose of the analysis is to aid public comment on the proposed order. It is not intended to constitute an official interpretation of the proposed complaint or order or to modify the order’s terms in any way. tkelley on DSK3SPTVN1PROD with By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. 2012–29880 Filed 12–10–12; 8:45 am] BILLING CODE 6750–01–P VerDate Mar<15>2010 20:04 Dec 10, 2012 Jkt 229001 [OMB Control No. 3090–0274; Docket 2012– 0001; Sequence 16] Public Buildings Service; Submission for OMB Review; Art-in-Architecture Program National Artist Registry (GSA Form 7437) Public Buildings Service (GSA). Notice of request for comments regarding an extension to an existing OMB clearance. ACTION: Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a previously approved information collection requirement regarding Art-in Architecture Program National Artist Registry (GSA Form 7437). A notice was published in the Federal Register at 77 FR 58141, on September 19, 2012. No comments were received. The Art-in-Architecture Program is the result of a policy decision made in January 1963 by GSA Administrator Bernard L. Boudin who had served on the Ad Hoc Committee on Federal Office Space in 1961–1962. The program has been modified over the years, most recently in 2009 when a requirement was instituted that all artists who want to be considered for any potential GSA commission must be included on the National Artists Registry, which serves as the qualified list of eligible artists. The program continues to commission works of art from living American artists. One-half of one percent of the estimated construction cost of new or substantially renovated Federal buildings and U.S. courthouses is allocated for commissioning works of art. 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; ways to enhance the quality, utility, and clarity of the information to be collected. DATES: Submit comments on or before: January 10, 2013. FOR FURTHER INFORMATION CONTACT: Ms. Jennifer Gibson, Office of the Chief Architect, Art-in-Architecture & Fine Arts Division (PCAC), 1800 F Street NW., Room 3305, Washington, DC 20405, at telephone(202) 501–0930 or via email to Jennifer.gibson@gsa.gov. SUMMARY: PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 Submit comments identified by Information Collection 3090–0274, Art-in-Architecture Program National Artist Registry (GSA Form 7437), by any of the following methods: • Regulations.gov: https:// www.regulations.gov. Submit comments via the Federal eRulemaking portal by searching the OMB control number. Select the link ‘‘Submit a Comment’’ that corresponds with ‘‘Information Collection 3090–0274, Art-inArchitecture Program National Artist Registry (GSA Form 7437).’’ Follow the instructions provided at the ‘‘Submit a Comment’’ screen. Please include your name, company name (if any), and ‘‘Information Collection 3090–0274, Artin-Architecture Program National Artist Registry (GSA Form 7437)’’ on your attached document. • Fax: 202–501–4067. • Mail: General Services. Administration. Regulatory Secretariat (MVCB), 1275 First Street NE., Washington, DC 20417. ATTN: Hada Flowers/IC 3090–0274, Art-inArchitecture Program National Artist Registry (GSA Form 7437). Instructions: Please submit comments only and cite Information Collection 3090–0274, Art-in-Architecture Program National Artist Registry (GSA Form 7437), in all correspondence related to this collection. All comments received will be posted without change to https://www.regulations.gov, including any personal and/or business confidential information provided. SUPPLEMENTARY INFORMATION: ADDRESSES: GENERAL SERVICES ADMINISTRATION AGENCY: 73657 A. Purpose The Art-in-Architecture Program actively seeks to commission works from the full spectrum of American artists and strives to promote new media and inventive solutions for public art. The GSA Form 7437, Art-inArchitecture Program National Artist Registry, will be used to collect information from artists across the country to participate and to be considered for commissions. B. Annual Reporting Burden Respondents: 300. Responses Per Respondent: 1. Total Responses: .25. Hours per Response: .25. Total Burden Hours: 75. Obtaining Copies of Proposals: Requesters may obtain a copy of the information collection documents from the General Services Administration, Regulatory Secretariat (MVCB), 1275 First Street NE., Washington, DC 20417, telephone (202) 501–4755. Please cite OMB Control No. 3090–0274, Art-inArchitecture Program National Artist E:\FR\FM\11DEN1.SGM 11DEN1

Agencies

[Federal Register Volume 77, Number 238 (Tuesday, December 11, 2012)]
[Notices]
[Pages 73655-73657]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29880]


=======================================================================
-----------------------------------------------------------------------

FEDERAL TRADE COMMISSION

[File No. 112 3182]


Epic Marketplace, Inc., and Epic Media Group, LLC; Analysis of 
Proposed Consent Order 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 January 7, 2013.

ADDRESSES: Interested parties may file a comment at https://ftcpublic.commentworks.com/ftc/epicmarketplaceconsent online or on 
paper, by following the instructions in the Request for Comment part of 
the SUPPLEMENTARY INFORMATION section below. Write AEpic, File No. 112 
3182'' on your comment and file your comment online at https://ftcpublic.commentworks.com/ftc/epicmarketplaceconsent by following the 
instructions on the web-based form. If you prefer to file your comment 
on paper, mail or deliver your comment to the following address: 
Federal Trade Commission, Office of the Secretary, Room H-113 (Annex 
D), 600 Pennsylvania Avenue NW., Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT: Kate White (202-326-2878), FTC, Bureau 
of Consumer Protection, 600 Pennsylvania Avenue NW., Washington, DC 
20580.

SUPPLEMENTARY INFORMATION: Pursuant to Section 6(f) of the Federal 
Trade Commission Act, 15 U.S.C. 46(f), and FTC Rule 2.34, 16 CFR 2.34, 
notice is hereby given that the above-captioned consent agreement 
containing a consent

[[Page 73656]]

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 December 5, 2012), 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, DC 
20580, either in person or by calling (202) 326-2222.
    You can file a comment online or on paper. For the Commission to 
consider your comment, we must receive it on or before January 7, 2013. 
Write AEpic, File No. 112 3182'' on your comment. Your comment B 
including your name and your state B will be placed on the public 
record of this proceeding, including, to the extent practicable, on the 
public Commission Web site, at https://www.ftc.gov/os/publiccomments.shtm. As a matter of discretion, the Commission tries to 
remove individuals' home contact information from comments before 
placing them on the Commission Web site.
    Because your comment will be made public, you are solely 
responsible for making sure that your comment does not include any 
sensitive personal information, like anyone'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. You are also solely 
responsible for making sure that your comment does not include any 
sensitive health information, like medical records or other 
individually identifiable health information. In addition, do not 
include any A[t]rade secret or any commercial or financial information 
which * * * is privileged or confidential,'' as discussed in Section 
6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 CFR 
4.10(a)(2). In particular, do not include competitively sensitive 
information such as costs, sales statistics, inventories, formulas, 
patterns, devices, manufacturing processes, or customer names.
    If you want the Commission to give your comment confidential 
treatment, you must file it in paper form, with a request for 
confidential treatment, and you have to follow the procedure explained 
in FTC Rule 4.9(c), 16 CFR 4.9(c).\1\ Your comment will be kept 
confidential only if the FTC General Counsel, in his or her sole 
discretion, grants your request in accordance with the law and the 
public interest.
---------------------------------------------------------------------------

    \1\ In particular, the written request for confidential 
treatment that accompanies the comment must include the factual and 
legal basis for the request, and must identify the specific portions 
of the comment to be withheld from the public record. See FTC Rule 
4.9(c), 16 CFR 4.9(c).
---------------------------------------------------------------------------

    Postal mail addressed to the Commission is subject to delay due to 
heightened security screening. As a result, we encourage you to submit 
your comments online. To make sure that the Commission considers your 
online comment, you must file it at https://ftcpublic.commentworks.com/ftc/epicmarketplaceconsent by following the instructions on the web-
based form. If this Notice appears at https://www.regulations.gov/#!home, you also may file a comment through that Web site.
    If you file your comment on paper, write AEpic, File No. 112 3182'' 
on your comment and on the envelope, and mail or deliver it to the 
following address: Federal Trade Commission, Office of the Secretary, 
Room H-113 (Annex D), 600 Pennsylvania Avenue NW., Washington, DC 
20580. If possible, submit your paper comment to the Commission by 
courier or overnight service.
    Visit the Commission Web site at https://www.ftc.gov to read this 
Notice and the news release describing it. The FTC Act and other laws 
that 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 on or before January 7, 2013. You can find more 
information, including routine uses permitted by the Privacy Act, in 
the Commission's privacy policy, at https://www.ftc.gov/ftc/privacy.htm.

Analysis of Agreement Containing Consent Order To Aid Public Comment

    The Federal Trade Commission has accepted, subject to final 
approval, a consent agreement from Epic Marketplace, Inc. and Epic 
Media Group, LLC.
    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.
    Epic Marketplace, Inc. (``Epic'') is an advertising company that 
engages in online behavioral advertising, which is the practice of 
tracking a consumer's online activities in order to deliver advertising 
targeted to the consumer's interests. Epic is a wholly-owned subsidiary 
of Epic Media Group, LLC (``EMG''). Epic acts as an intermediary 
between Web site owners who publish advertisements on their Web site 
for a fee (``publishers'') and advertisers who wish to have their 
advertisements placed on Web sites. Epic purchases advertising space on 
publishers' Web sites and contracts with advertisers to place their 
advertisements on the Web sites. Epic refers to the network of Web 
sites on which it purchases advertising space as the Epic Marketplace 
Network, which includes over 45,000 publishers.
    The Commission's complaint alleges that, from March 2010 through 
August 2011, Epic engaged in ``history sniffing''--running software 
code on a Web page to determine whether a user has previously visited a 
Web page--by checking how a user's browser styles the display of a 
hyperlink. This practice allegedly allowed Epic to determine whether a 
consumer had visited any of over 54,000 domains, including pages 
relating to fertility issues, impotence, menopause, incontinence, 
disability insurance, credit repair, debt relief, and personal 
bankruptcy. According to the complaint, history sniffing allowed Epic 
to determine whether consumers had visited Web pages that were outside 
the Epic Marketplace Network, information it would not otherwise have 
been able to obtain, and Epic used this history-sniffing data for 
behavioral targeting purposes.
    The FTC's complaint charges that Epic and EMG violated Section 5(a) 
of the FTC Act by falsely representing to consumers that respondents 
only collected information on consumers' visits to Web sites within the 
Epic Marketplace Network. The complaint also alleges that the companies 
failed to disclose to consumers that they were engaged in history 
sniffing.
    The proposed order contains provisions designed to prevent Epic; 
EMG; their parent company FAS Labs, Inc.; and any of their 
subsidiaries, successors, and assigns (collectively, ``respondents'') 
from engaging in practices similar to those alleged in the complaint in 
the future.
    Part I of the proposed order prohibits respondents from 
misrepresenting in any manner, expressly or by implication: (A) The 
extent to which they maintain the privacy or

[[Page 73657]]

confidentiality of data from or about a particular consumer, computer, 
or device, including but not limited to the extent to which that data 
is collected, used, disclosed, or shared; or (B) the extent to which 
software code on a Web page determines whether a user has previously 
visited a Web page.
    Part II of the proposed order prohibits respondents from collecting 
any data through history sniffing--running software code on a Web page 
to determine whether a user has previously visited a Web page by 
checking how a user's browser styles the display of a hyperlink or by 
accessing a user's browser cache--or using any data obtained by history 
sniffing.
    Part III of the proposed order prohibits respondents from using, 
disclosing, selling, renting, leasing, or transferring any information 
that was collected using history sniffing. In addition, within five (5) 
days after the date of service of the order, respondents must 
permanently delete or destroy all information collected using history 
sniffing.
    Parts IV through VIII of the proposed order are reporting and 
compliance provisions. Part IV requires that respondents retain, for a 
period of three (3) years, documents relating to its compliance with 
the order. Part V requires dissemination of the order to all current 
and future principals, officers, directors, and managers; and all 
current and future managers, employees, agents, and representatives who 
have responsibilities on behalf of respondents with respect to the 
subject matter of this order. Part VI ensures notification to the FTC 
of changes in corporate status. Part VII mandates that respondents 
submit an initial compliance report to the FTC and make available to 
the FTC subsequent reports. Part VIII is a provision ``sunsetting'' the 
order after twenty (20) years, with certain exceptions.
    The purpose of the analysis is to aid public comment on the 
proposed order. It is not intended to constitute an official 
interpretation of the proposed complaint or order or to modify the 
order's terms in any way.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2012-29880 Filed 12-10-12; 8:45 am]
BILLING CODE 6750-01-P
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