Children's Online Privacy Protection Rule Proposed Parental Consent Method; iVeriFly, Inc., Application for Approval of Parental Consent Method, 77026-77027 [2013-30287]

Download as PDF 77026 Federal Register / Vol. 78, No. 245 / Friday, December 20, 2013 / Proposed Rules wreier-aviles on DSK5TPTVN1PROD with PROPOSALS Robocall Challenge was designed to help address unwanted robocalls by spurring innovation in the marketplace.24 While the Commission has concluded that modification of the existing Caller ID requirements of the TSR would not serve any useful purpose at this time, it remains fully committed to combatting illegal telemarketing and Caller ID spoofing. In addition to the recent Robocall Challenge and Robocall Summit,25 the Commission will continue to vigorously enforce the TSR, including its prohibition on spoofing, and the 2009 rule amendments that prohibit the vast majority of robocalls.26 Since the creation of the national Do Not Call Registry in 2003, the FTC has brought 110 cases alleging Do Not Call privacy violations against 320 companies and 263 individuals. The 86 cases that have concluded thus far have resulted in orders totaling over $126 million in civil penalties and $793 million in restitution or disgorgement. Under the 2009 amendments, the FTC has brought 34 robocall cases against 103 companies and 80 individuals,27 including a number of cases that have alleged TSR Caller ID spoofing violations.28 As technology changes, the 24 FTC Press Release, FTC Announces Robocall Challenge Winners (Apr. 2, 2013), available at http://www.ftc.gov/opa/2013/04/robocall.shtm. 25 See note 18, supra. 26 See Telemarketing Sales Rule, Final Rule Amendments, 73 FR 51164 (Aug. 29, 2008). The amendments, codified at 16 CFR 310.4(b)(1)(v), prohibit prerecorded message calls without a consumer’s prior written agreement to receive them, and require that such messages tell consumers at the outset of the message how to activate an automated interactive opt-out mechanism that will place them on the marketer’s do-not-call list and terminate the call. The Federal Communications Commission has since adopted corresponding requirements that took effect on October 16, 2013. See Telephone Consumer Protection Action of 1991, Final Rule, 77 FR 34233 (June 11, 2012), Telephone Consumer Protection Act of 1991, Final Rule and Announcement of Effective Date, 77 FR 63240 (Oct. 16, 2012). 27 These cases include five actions against telemarketers that placed robocalls from ‘‘Rachel’’ at ‘‘Card Services.’’ FTC v. WV Univ. Mgmt., LLC, Civ. No. 6:12–1618 (M.D. Fla. filed Oct. 29, 2012); FTC v. A+ Fin. Ctr., LLC, Civ. No. 2:12–14373 (S.D. Fla. filed Oct. 23, 2012); FTC v. The Greensavers, LLC, Civ. No. 6:12–1588 (M.D. Fla. filed Oct. 22, 2012); FTC v. Ambrosia Web Design, LLC, Civ. No. 2:12–2248 (D. Ariz. filed Oct. 22, 2012); FTC v. ELH Consulting, LLC, Civ. No. 12–2246 (D. Ariz. filed Oct. 22, 2012); see also Press Release, FTC Leads Joint Law Enforcement Effort Against Companies That Allegedly Made Deceptive ‘‘Cardholder Services’’ Robocalls (Nov. 1, 2012), available at http://www.ftc.gov/opa/2012/11/robocalls.shtm. 28 E.g., FTC v. The Cuban Exchange, Inc., Civ. No. 12-5890 (E.D.N.Y. filed Nov. 28, 2012); FTC v. A+ Fin. Ctr., LLC, Civ. No. 12–1437 (S.D. Fla. filed Oct. 23, 2012); FTC v. Nelson Gamble & Assocs., Civ. No. SACV12–1504 (C.D. Cal. filed Sept. 10, 2012); U.S. v. JGRD, Inc., Civ. No. 12–0945 (E.D. Pa. filed Feb. 23, 2012); U.S. v. Cox, Civ. No. SACV 11–1910, (C.D. Cal. filed Dec. 12, 2011); U.S. v. Sonkei VerDate Mar<15>2010 14:54 Dec 19, 2013 Jkt 232001 Commission will continue to evaluate if and when amending the TSR to specifically address Caller ID spoofing would further assist in the Commission’s enforcement efforts. By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. 2013–30290 Filed 12–19–13; 8:45 am] BILLING CODE 6750–01–P FEDERAL TRADE COMMISSION 16 CFR Part 312 RIN 3084–AB20 Children’s Online Privacy Protection Rule Proposed Parental Consent Method; iVeriFly, Inc., Application for Approval of Parental Consent Method Federal Trade Commission (FTC or Commission). ACTION: Request for public comment. AGENCY: The Federal Trade Commission requests public comment concerning the proposed parental consent method submitted by iVeriFly, Inc. (‘‘iVeriFly’’) under the Voluntary Commission Approval Processes provision of the Children’s Online Privacy Protection Rule. DATES: Written comments must be received on or before January 21, 2014. 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 ‘‘iVeriFly Application for Parental Consent Method, Project No. P– 135420’’ on your comment, and file your comment online at https:// ftcpublic.commentworks.com/ftc/ coppaiveriflyapp, 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: Kandi Parsons, Attorney, (202) 326– 2369, Peder Magee, Attorney, (202) 326– 3538, or Kristin Cohen, (202) 326–2276, Division of Privacy and Identity Protection, Federal Trade Commission, Washington, DC 20580. SUPPLEMENTARY INFORMATION: SUMMARY: Commc’ns., Inc., Civ. No. SACV11-1777 (C.D. Cal. filed Nov. 17, 2011); U.S. v. Feature Films for Families, Inc., Civ. No. 4:11–0019 (N.D. Fla. filed May 5, 2011); U.S. v. The Talbots, Inc., Civ. No. 1:10–10698, (D. Mass. filed Apr. 27, 2010). PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 Section A. Background On October 20, 1999, the Commission issued its final Rule 1 pursuant to the Children’s Online Privacy Protection Act, 15 U.S.C. 6501 et seq, which became effective on April 21, 2000.2 On December 19, 2012, the Commission amended the Rule, and these amendments became effective on July 1, 2013.3 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. The Rule enumerates methods for obtaining verifiable parental consent, while also allowing an interested party to file a written request for Commission approval of parental consent methods not currently enumerated.4 To be considered, the party must submit a detailed description of the proposed parental consent method, together with an analysis of how the method meets the requirements for parental consent described in 16 CFR 312.5(b)(1). Pursuant to Section 312.12(a) of the Rule, iVeriFly has submitted a proposed parental consent method to the Commission for approval. The full text of its application is available on the Commission’s Web site at www.ftc.gov. Section B. Questions on the Parental Consent Method The Commission is seeking comment on the proposed parental consent method, and is particularly interested in receiving comment on the questions that follow. These questions are designed to assist the Commission’s consideration of the petition and should not be construed as a limitation on the issues on which public comment may be submitted. Responses to these questions should cite the number 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. Is this method, both with respect to the process for obtaining consent for an initial operator and any subsequent operators, already covered by existing methods enumerated in Section 312.5(b)(1) of the Rule? 2. If this is a new method, provide comments on whether the proposed parental consent method, both with respect to an initial operator and any subsequent operators, meets the requirements for parental consent laid out in 16 CFR 312.5(b)(1). Specifically, 1 64 FR 59888 (1999). CFR part 312. 3 78 FR 3972 (2013). 4 16 CFR 312.12(a); 78 FR at 3991–3992, 4013. 2 16 E:\FR\FM\20DEP1.SGM 20DEP1 Federal Register / Vol. 78, No. 245 / Friday, December 20, 2013 / Proposed Rules the Commission is looking for comments on whether the proposed parental consent method is reasonably calculated, in light of available technology, to ensure that the person providing consent is the child’s parent. 3. Does this proposed method pose a risk to consumers’ personal information? If so, is that risk outweighed by the benefit to consumers and businesses of using this method? wreier-aviles on DSK5TPTVN1PROD with PROPOSALS 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 January 21, 2014. Write ‘‘iVeriFly Application for Parental Consent Method, Project No. P–135420’’ 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 Commission Web site, at http://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 doesn’t include any sensitive personal information, such as 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, including medical records or other individually identifiable health information. In addition, do not 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, 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 follow the procedure explained in FTC Rule 4.9(c), 16 CFR 4.9(c).5 Your 5 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 VerDate Mar<15>2010 14:54 Dec 19, 2013 Jkt 232001 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/ coppaiveriflyapp by following the instructions on the web-based form. If this Notice appears at http:// www.regulations.gov/#!home, you also may file a comment through that Web site. If you file your comment on paper, write ‘‘iVeriFly Application for Parental Consent Method, Project No. P–135420’’ 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 http://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 21, 2014. You can find more information, including routine uses permitted by the Privacy Act, in the Commission’s privacy policy, at http://www.ftc.gov/ftc/privacy.htm. By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. 2013–30287 Filed 12–19–13; 8:45 am] BILLING CODE 6750–01–P comment to be withheld from the public record. See FTC Rule 4.9(c), 16 CFR 4.9(c). PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 77027 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Parts 117, 161, and 164 46 CFR Part 4 [Docket No. USCG–2013–0466] Overhead Clearance (Air-Draft) Accidents Coast Guard, DHS. Request for comments on petition for rulemaking. AGENCY: ACTION: The Coast Guard seeks public comment on a petition that requests the Coast Guard to initiate a rulemaking to address the problem of overhead clearance (air-draft) accidents. In its petition, which calls for vessel masters to be provided with accurate vertical air draft information, a maritime organization has described 16 overhead clearance accidents that it says were avoidable and that resulted in damage to or destruction of waterway infrastructure and inconvenienced the public. The Coast Guard will consider all comments received in response to this notification in determining whether or not to initiate the requested rulemaking. SUMMARY: Comments and related material must either be submitted to our online docket via http://www.regulations.gov on or before March 20, 2014, or reach the Docket Management Facility by that date. ADDRESSES: You may submit comments identified by docket number USCG– 2013–0466 using any one of the following methods: (1) Federal eRulemaking Portal: http://www.regulations.gov. (2) Fax: 202–493–2251. (3) Mail: Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590– 0001. (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202–366–9329. To avoid duplication, please use only one of these four methods. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments. DATES: FOR FURTHER INFORMATION CONTACT: you have questions on this notice, E:\FR\FM\20DEP1.SGM 20DEP1 If

Agencies

[Federal Register Volume 78, Number 245 (Friday, December 20, 2013)]
[Proposed Rules]
[Pages 77026-77027]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-30287]


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FEDERAL TRADE COMMISSION

16 CFR Part 312

RIN 3084-AB20


Children's Online Privacy Protection Rule Proposed Parental 
Consent Method; iVeriFly, Inc., Application for Approval of Parental 
Consent Method

AGENCY: Federal Trade Commission (FTC or Commission).

ACTION: Request for public comment.

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

SUMMARY: The Federal Trade Commission requests public comment 
concerning the proposed parental consent method submitted by iVeriFly, 
Inc. (``iVeriFly'') under the Voluntary Commission Approval Processes 
provision of the Children's Online Privacy Protection Rule.

DATES: Written comments must be received on or before January 21, 2014.

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 ``iVeriFly Application 
for Parental Consent Method, Project No. P-135420'' on your comment, 
and file your comment online at https://ftcpublic.commentworks.com/ftc/coppaiveriflyapp, 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: Kandi Parsons, Attorney, (202) 326-
2369, Peder Magee, Attorney, (202) 326-3538, or Kristin Cohen, (202) 
326-2276, 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 \1\ 
pursuant to the Children's Online Privacy Protection Act, 15 U.S.C. 
6501 et seq, which became effective on April 21, 2000.\2\ On December 
19, 2012, the Commission amended the Rule, and these amendments became 
effective on July 1, 2013.\3\ 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. The Rule 
enumerates methods for obtaining verifiable parental consent, while 
also allowing an interested party to file a written request for 
Commission approval of parental consent methods not currently 
enumerated.\4\ To be considered, the party must submit a detailed 
description of the proposed parental consent method, together with an 
analysis of how the method meets the requirements for parental consent 
described in 16 CFR 312.5(b)(1).
---------------------------------------------------------------------------

    \1\ 64 FR 59888 (1999).
    \2\ 16 CFR part 312.
    \3\ 78 FR 3972 (2013).
    \4\ 16 CFR 312.12(a); 78 FR at 3991-3992, 4013.
---------------------------------------------------------------------------

    Pursuant to Section 312.12(a) of the Rule, iVeriFly has submitted a 
proposed parental consent method to the Commission for approval. The 
full text of its application is available on the Commission's Web site 
at www.ftc.gov.

Section B. Questions on the Parental Consent Method

    The Commission is seeking comment on the proposed parental consent 
method, and is particularly interested in receiving comment on the 
questions that follow. These questions are designed to assist the 
Commission's consideration of the petition and should not be construed 
as a limitation on the issues on which public comment may be submitted. 
Responses to these questions should cite the number 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. Is this method, both with respect to the process for obtaining 
consent for an initial operator and any subsequent operators, already 
covered by existing methods enumerated in Section 312.5(b)(1) of the 
Rule?
    2. If this is a new method, provide comments on whether the 
proposed parental consent method, both with respect to an initial 
operator and any subsequent operators, meets the requirements for 
parental consent laid out in 16 CFR 312.5(b)(1). Specifically,

[[Page 77027]]

the Commission is looking for comments on whether the proposed parental 
consent method is reasonably calculated, in light of available 
technology, to ensure that the person providing consent is the child's 
parent.
    3. Does this proposed method pose a risk to consumers' personal 
information? If so, is that risk outweighed by the benefit to consumers 
and businesses of using this method?

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 January 21, 
2014. Write ``iVeriFly Application for Parental Consent Method, Project 
No. P-135420'' 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 Commission Web site, at 
http://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 doesn't include any 
sensitive personal information, such as 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, including medical records or other individually 
identifiable health information. In addition, do not 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, 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 follow the procedure explained in FTC Rule 
4.9(c), 16 CFR 4.9(c).\5\ 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.
---------------------------------------------------------------------------

    \5\ 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/coppaiveriflyapp by following the instructions on the web-based 
form. If this Notice appears at http://www.regulations.gov/#!home, you 
also may file a comment through that Web site.
    If you file your comment on paper, write ``iVeriFly Application for 
Parental Consent Method, Project No. P-135420'' 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 http://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 21, 2014. You can find more 
information, including routine uses permitted by the Privacy Act, in 
the Commission's privacy policy, at http://www.ftc.gov/ftc/privacy.htm.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2013-30287 Filed 12-19-13; 8:45 am]
BILLING CODE 6750-01-P