Children's Online Privacy Protection Rule Safe Harbor Proposed Self-Regulatory Guidelines; kidSAFE Seal Program Application for Safe Harbor, 57319-57320 [2013-22638]

Download as PDF 57319 Proposed Rules Federal Register Vol. 78, No. 181 Wednesday, September 18, 2013 This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. FEDERAL TRADE COMMISSION 16 CFR Part 312 RIN 3084–AB20 Children’s Online Privacy Protection Rule Safe Harbor Proposed SelfRegulatory Guidelines; kidSAFE Seal Program Application for Safe Harbor Federal Trade Commission (FTC or Commission). AGENCY: ACTION: Request for public comment. The Federal Trade Commission requests public comment concerning the proposed self-regulatory guidelines submitted by the kidSAFE Seal Program (‘‘kidSAFE’’), owned and operated by Samet Privacy, LLC, under the safe harbor provision of the Children’s Online Privacy Protection Rule. SUMMARY: Written comments must be received on or before October 18, 2013. DATES: Interested parties may file a comment online or on paper, by following the instructions in the Request for Comment part of the SUPPLEMENTARY INFORMATION section below. Write ‘‘kidSAFE Application for Safe Harbor, Project No. P–135418’’ on your comment, and file your comment online at https:// ftcpublic.commentworks.com/ftc/ coppakidsafeapp, 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 E), 600 Pennsylvania Avenue NW., Washington, DC 20580. emcdonald on DSK67QTVN1PROD with PROPOSALS ADDRESSES: FOR FURTHER INFORMATION CONTACT: Kristin Cohen, Attorney, (202) 326– 2276, or Peder Magee, Attorney, (202) 326–3538, Division of Privacy and Identity Protection, Federal Trade Commission, Washington, DC 20580. SUPPLEMENTARY INFORMATION: VerDate Mar<15>2010 16:23 Sep 17, 2013 Jkt 229001 Section A. Background On October 20, 1999, the Commission issued its final Rule pursuant to the Children’s Online Privacy Protection Act, 15 U.S.C. 6501 et seq, which became effective on April 21, 2000.1 On December 19, 2012, the Commission amended the Rule, and these amendments became effective on July 1, 2013.2 The Rule requires certain Web site operators to post privacy policies and provide notice, and to obtain verifiable parental consent, prior to collecting, using, or disclosing personal information from children under the age of 13.3 The Rule contains a ‘‘safe harbor’’ provision enabling industry groups or others to submit to the Commission for approval self-regulatory guidelines that would implement the Rule’s protections.4 Pursuant to Section 312.11 of the Rule, kidSAFE has submitted proposed self-regulatory guidelines to the Commission for approval. The full text of the proposed guidelines is available on the Commission’s Web site, at www.ftc.gov. Section B. Questions on the Proposed Guidelines The Commission is seeking comment on various aspects of the proposed guidelines, and is particularly interested in receiving comment on the questions that follow. These questions are designed to assist the public and should not be construed as a limitation on the issues on which public comment may be submitted. Each response should cite the number and subsection of the question being answered. For all comments submitted, please provide any relevant data, statistics, or any other evidence, upon which those comments are based. 1. Please provide comments on any or all of the provisions in the proposed guidelines. For each provision commented on please describe (a) the impact of the provision(s), including benefits and costs, if any, and (b) what alternatives, if any, kidSAFE should consider, as well as the costs and benefits of those alternatives. 2. Do the provisions of the proposed guidelines governing operators’ FR 59888 (1999). FR 3972 (2013). 3 16 CFR Part 312. 4 See 16 CFR 312.11; 78 FR at 3995–3996, 4012– 4013. information practices provide ‘‘the same or greater protections for children’’ as those contained in Sections 312.2– 312.10 of the Rule? 5 Where possible, please cite the relevant sections of both the Rule and the proposed guidelines. 3. Are the mechanisms used to assess operators’ compliance with the proposed guidelines effective? 6 If not, please describe (a) whether and how the assessment mechanisms could be modified to satisfy the Rule’s requirements, and (b) the costs and benefits of those modifications. 4. Are the incentives for operators’ compliance with the proposed guidelines effective? 7 If not, please describe (a) whether and how the incentives could be modified to satisfy the Rule’s requirements, and (b) the costs and benefits of those modifications. 5. Do the proposed guidelines provide adequate means for resolving consumer complaints? If not, please describe (a) whether and how the dispute resolution process could be modified to resolve consumer complaints adequately, and (b) the costs and benefits of those modifications. 6. Does kidSAFE have the capability to run an effective safe harbor program? Specifically, can kidSAFE effectively conduct initial and continuing assessments of operators’ fitness for membership in its program in light of its business model and technological capabilities and mechanisms? 8 If not, please describe (a) whether and how the program could be modified to ensure that kidSAFE could run it effectively, and (b) the costs and benefits of those modifications. Section C. Invitation To Comment You can file a comment online or on paper. For the Commission to consider your comment, we must receive it on or before October 18, 2013. Write ‘‘kidSAFE Application for Safe Harbor, Project No. P–135418’’ on your comment. Your comment—including your name and your state—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 1 64 2 78 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 5 See 16 CFR 312.11(b)(1); 78 FR at 4013. 16 CFR 312.11(b)(2); 78 FR at 4013. 7 See 16 CFR 312.11(b)(3); 78 FR at 4013. 8 See 16 CFR 312.11(c)(1). 6 See E:\FR\FM\18SEP1.SGM 18SEP1 emcdonald on DSK67QTVN1PROD with PROPOSALS 57320 Federal Register / Vol. 78, No. 181 / Wednesday, September 18, 2013 / Proposed Rules 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 doesn’t 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 doesn’t include any sensitive health information, like medical records or other individually identifiable health information. In addition, don’t include any ‘‘[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, don’t 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 follow the procedure explained in FTC Rule 4.9(c), 16 CFR 4.9(c).9 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/ coppakidsafeapp, 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 ‘‘kidSAFE Application for Safe Harbor, Project No. P–135418’’ on your comment and on the envelope, and mail or deliver it to the following address: Federal Trade Commission, Office of the 9 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). VerDate Mar<15>2010 16:23 Sep 17, 2013 Jkt 229001 Secretary, Room H–113 (Annex E), 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 October 18, 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. By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. 2013–22638 Filed 9–17–13; 8:45 am] BILLING CODE 6750–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Parts 1 and 16 [Docket Nos. FDA–2011–N–0143 and FDA– 2011–N–0146] Food and Drug Administration Food Safety Modernization Act: Proposed Rules on Foreign Supplier Verification Programs and the Accreditation of Third-Party Auditors/Certification Bodies; Public Meetings AGENCY: Food and Drug Administration, HHS. ACTION: Notification of public meetings. The Food and Drug Administration (FDA or we) is announcing two public meetings to discuss two proposed rules aimed at strengthening assurances that imported food meets the same safety standards as food produced domestically. The Foreign Supplier Verification Programs (FSVP) proposal establishes requirements for importers to verify that their foreign suppliers are implementing the modern, prevention-oriented food safety practices called for by the Food Safety Modernization Act (FSMA) and achieving the same level of food safety as domestic growers and processors. The second proposed rule on the Accreditation of Third-Party Auditors/ Certification Bodies would strengthen the quality, objectivity, and transparency of foreign food safety SUMMARY: PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 audits on which many U.S. food companies and importers currently rely to help manage the safety of their global food supply chains. The purpose of these public meetings is to solicit oral stakeholder and public comments on the proposed rules and to inform the public about the rulemaking process (including how to submit comments, data, and other information to the rulemaking dockets), and to respond to questions about the proposed rules. DATES: See section II, ‘‘How to Participate in the Public Meeting’’ in the SUPPLEMENTARY INFORMATION section of this document for date and time of the public meetings, closing dates for advance registration, and information on deadlines for submitting either electronic or written comments to FDA’s Division of Dockets Management. ADDRESSES: See section II, ‘‘How to Participate in the Public Meeting’’ in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: For questions about registering for the meetings, to register by phone, or to submit a notice of participation by mail, FAX, or email: Lauren Montgomery, Teya Technologies, LLC, 101 East 9th Ave., Suite 9B, Anchorage, Alaska 99501, 443–833–4297, FAX: 907–562– 5497, email: lauren.montgomery@ teyatech.com. For general questions about the meetings, to request an opportunity to make an oral presentation at the public meetings, to submit the full text, comprehensive outline, or summary of an oral presentation, or for special accommodations due to a disability, contact: Juanita Yates, Center for Food Safety and Applied Nutrition (HFS– 009), Food and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD 20740, 240–402–1731, email: juanita.yates@fda.hhs.gov. SUPPLEMENTARY INFORMATION: I. Background FSMA (Pub. L. 111–353), was signed into law by President Obama on January 4, 2011, to better protect public health by helping to ensure the safety and security of the food supply. FSMA amends the Federal Food, Drug, and Cosmetic Act (the FD&C Act) to establish the foundation of a modernized, prevention-based food safety system. Among other things, FSMA requires FDA to issue regulations requiring preventive controls for human food and animal food, set standards for produce safety, and require importers to have a program to verify that the food products they bring into the United E:\FR\FM\18SEP1.SGM 18SEP1

Agencies

FEDERAL TRADE COMMISSION

[Federal Register Volume 78, Number 181 (Wednesday, September 18, 2013)]
[Proposed Rules]
[Pages 57319-57320]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22638]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 78, No. 181 / Wednesday, September 18, 2013 / 
Proposed Rules

[[Page 57319]]



FEDERAL TRADE COMMISSION

16 CFR Part 312

RIN 3084-AB20


Children's Online Privacy Protection Rule Safe Harbor Proposed 
Self-Regulatory Guidelines; kidSAFE Seal Program Application for Safe 
Harbor

AGENCY: Federal Trade Commission (FTC or Commission).

ACTION: Request for public comment.

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

SUMMARY: The Federal Trade Commission requests public comment 
concerning the proposed self-regulatory guidelines submitted by the 
kidSAFE Seal Program (``kidSAFE''), owned and operated by Samet 
Privacy, LLC, under the safe harbor provision of the Children's Online 
Privacy Protection Rule.

DATES: Written comments must be received on or before October 18, 2013.

ADDRESSES: Interested parties may file a comment online or on paper, by 
following the instructions in the Request for Comment part of the 
SUPPLEMENTARY INFORMATION section below. Write ``kidSAFE Application 
for Safe Harbor, Project No. P-135418'' on your comment, and file your 
comment online at https://ftcpublic.commentworks.com/ftc/coppakidsafeapp, 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 E), 600 Pennsylvania Avenue NW., 
Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT: Kristin Cohen, Attorney, (202) 326-
2276, or Peder Magee, Attorney, (202) 326-3538, Division of Privacy and 
Identity Protection, Federal Trade Commission, Washington, DC 20580.

SUPPLEMENTARY INFORMATION:

Section A. Background

    On October 20, 1999, the Commission issued its final Rule pursuant 
to the Children's Online Privacy Protection Act, 15 U.S.C. 6501 et seq, 
which became effective on April 21, 2000.\1\ On December 19, 2012, the 
Commission amended the Rule, and these amendments became effective on 
July 1, 2013.\2\ The Rule requires certain Web site operators to post 
privacy policies and provide notice, and to obtain verifiable parental 
consent, prior to collecting, using, or disclosing personal information 
from children under the age of 13.\3\ The Rule contains a ``safe 
harbor'' provision enabling industry groups or others to submit to the 
Commission for approval self-regulatory guidelines that would implement 
the Rule's protections.\4\
---------------------------------------------------------------------------

    \1\ 64 FR 59888 (1999).
    \2\ 78 FR 3972 (2013).
    \3\ 16 CFR Part 312.
    \4\ See 16 CFR 312.11; 78 FR at 3995-3996, 4012-4013.
---------------------------------------------------------------------------

    Pursuant to Section 312.11 of the Rule, kidSAFE has submitted 
proposed self-regulatory guidelines to the Commission for approval. The 
full text of the proposed guidelines is available on the Commission's 
Web site, at www.ftc.gov.

Section B. Questions on the Proposed Guidelines

    The Commission is seeking comment on various aspects of the 
proposed guidelines, and is particularly interested in receiving 
comment on the questions that follow. These questions are designed to 
assist the public and should not be construed as a limitation on the 
issues on which public comment may be submitted. Each response should 
cite the number and subsection of the question being answered. For all 
comments submitted, please provide any relevant data, statistics, or 
any other evidence, upon which those comments are based.
    1. Please provide comments on any or all of the provisions in the 
proposed guidelines. For each provision commented on please describe 
(a) the impact of the provision(s), including benefits and costs, if 
any, and (b) what alternatives, if any, kidSAFE should consider, as 
well as the costs and benefits of those alternatives.
    2. Do the provisions of the proposed guidelines governing 
operators' information practices provide ``the same or greater 
protections for children'' as those contained in Sections 312.2-312.10 
of the Rule? \5\ Where possible, please cite the relevant sections of 
both the Rule and the proposed guidelines.
---------------------------------------------------------------------------

    \5\ See 16 CFR 312.11(b)(1); 78 FR at 4013.
---------------------------------------------------------------------------

    3. Are the mechanisms used to assess operators' compliance with the 
proposed guidelines effective? \6\ If not, please describe (a) whether 
and how the assessment mechanisms could be modified to satisfy the 
Rule's requirements, and (b) the costs and benefits of those 
modifications.
---------------------------------------------------------------------------

    \6\ See 16 CFR 312.11(b)(2); 78 FR at 4013.
---------------------------------------------------------------------------

    4. Are the incentives for operators' compliance with the proposed 
guidelines effective? \7\ If not, please describe (a) whether and how 
the incentives could be modified to satisfy the Rule's requirements, 
and (b) the costs and benefits of those modifications.
---------------------------------------------------------------------------

    \7\ See 16 CFR 312.11(b)(3); 78 FR at 4013.
---------------------------------------------------------------------------

    5. Do the proposed guidelines provide adequate means for resolving 
consumer complaints? If not, please describe (a) whether and how the 
dispute resolution process could be modified to resolve consumer 
complaints adequately, and (b) the costs and benefits of those 
modifications.
    6. Does kidSAFE have the capability to run an effective safe harbor 
program? Specifically, can kidSAFE effectively conduct initial and 
continuing assessments of operators' fitness for membership in its 
program in light of its business model and technological capabilities 
and mechanisms? \8\ If not, please describe (a) whether and how the 
program could be modified to ensure that kidSAFE could run it 
effectively, and (b) the costs and benefits of those modifications.
---------------------------------------------------------------------------

    \8\ See 16 CFR 312.11(c)(1).
---------------------------------------------------------------------------

Section C. Invitation To Comment

    You can file a comment online or on paper. For the Commission to 
consider your comment, we must receive it on or before October 18, 
2013. Write ``kidSAFE Application for Safe Harbor, Project No. P-
135418'' on your comment. Your comment--including your name and your 
state--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

[[Page 57320]]

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 doesn't 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 doesn't include any 
sensitive health information, like medical records or other 
individually identifiable health information. In addition, don't 
include any ``[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, don't 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 follow the procedure explained in FTC Rule 
4.9(c), 16 CFR 4.9(c).\9\ 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.
---------------------------------------------------------------------------

    \9\ 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/coppakidsafeapp, 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 ``kidSAFE Application for 
Safe Harbor, Project No. P-135418'' 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 E), 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 October 18, 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.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2013-22638 Filed 9-17-13; 8:45 am]
BILLING CODE 6750-01-P

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