Tennessee Football, Inc.; Analysis of Proposed Consent Order To Aid Public Comment, 4701-4703 [2014-01780]
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Federal Register / Vol. 79, No. 19 / Wednesday, January 29, 2014 / Notices
tkelley on DSK3SPTVN1PROD with NOTICES
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/
bakertillyconsent 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 ‘‘Baker Tilly Virchow Krause,
LLP—Consent Agreement; File No. 142–
3019’’ 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 February 20, 2014. 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 Proposed Consent Order To
Aid Public Comment
The Federal Trade Commission
(‘‘FTC’’ or ‘‘Commission’’) has accepted,
subject to final approval, a consent
agreement applicable to Baker Tilly
Virchow Krause, LLP (‘‘Baker Tilly’’).
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 Baker
Tilly made to consumers concerning its
participation in the Safe Harbor privacy
framework (‘‘Safe Harbor’’) agreed upon
by the U.S. and the European Union
VerDate Mar<15>2010
16:05 Jan 28, 2014
Jkt 232001
(‘‘EU’’) (‘‘U.S.-EU Safe Harbor
Framework’’). It is among several
actions the Commission is bringing to
enforce the promises that companies
make when they certify that they
participate in the Safe Harbor
Framework. The Safe Harbor framework
allows U.S. companies to transfer data
outside the EU consistent with
European law. To join the Safe Harbor
framework, a company must self-certify
to the U.S. Department of Commerce
(‘‘Commerce’’) that it complies with a
set of principles and related
requirements that have been deemed by
the European Commission as providing
‘‘adequate’’ privacy protection. These
principles include notice, choice,
onward transfer, security, data integrity,
access, and enforcement. Commerce
maintains a public Web site,
www.export.gov/safeharbor, where it
posts the names of companies that have
self-certified to the Safe Harbor
framework. 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.
In 2008, Commerce developed the
U.S.-EU Safe Harbor Framework
Certification Mark (‘‘the mark’’) to allow
companies to highlight for consumers
their compliance with the Safe Harbor
Framework. Upon request, Commerce
provides the mark to those organizations
that maintain a ‘‘current’’ selfcertification to the U.S.-EU Safe Harbor
Framework. Commerce has established
certain rules for using the mark, such as
requirements related to the mark’s
placement on a Web site and the
inclusion of a link to www.export.gov/
safeharbor.
Baker Tilly is an accounting and
advisory services firm. According to the
Commission’s complaint, since at least
June 2010, Baker Tilly has set forth on
its Web site, www.bakertilly.com,
privacy policies and statements about
its practices, including statements
related to its participation in the U.S.EU Safe Harbor Framework. In addition,
from at least June 2010, Baker Tilly
displayed the mark on its Web site.
The Commission’s complaint alleges
that Baker Tilly, through its statements
and use of the mark, falsely represented
that it was a ‘‘current’’ participant in the
Safe Harbor when, in fact, from June
2011 until December 2013, Baker Tilly
was not a ‘‘current’’ participant in the
Safe Harbor. The Commission’s
complaint alleges that in June 2010,
Baker Tilly submitted a Safe Harbor selfcertification. Baker Tilly did not renew
its self-certification in June 2011 and
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Fmt 4703
Sfmt 4703
4701
Commerce subsequently updated Baker
Tilly’s status to ‘‘not current’’ on its
public Web site. In December 2013,
Baker Tilly renewed its self-certification
to the Safe Harbor and its status was
changed to ‘‘current’’ on Commerce’s
Web site.
Part I of the proposed order prohibits
Baker Tilly from making
misrepresentations about its
membership in any privacy or security
program sponsored by the government
or any other self-regulatory or standardsetting organization, including, but not
limited to, the U.S.-EU Safe Harbor
Framework.
Parts II through VI of the proposed
order are reporting and compliance
provisions. Part II requires Baker Tilly
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
Baker Tilly 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 this analysis is to
facilitate 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. 2014–01749 Filed 1–28–14; 8:45 am]
BILLING CODE 6750–01–P
FEDERAL TRADE COMMISSION
[File No. 142–3032]
Tennessee Football, Inc.; 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. The attached
Analysis of Proposed Consent Order 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:
E:\FR\FM\29JAN1.SGM
29JAN1
4702
Federal Register / Vol. 79, No. 19 / Wednesday, January 29, 2014 / Notices
Comments must be received on
or before February 20, 2014.
ADDRESSES: Interested parties may file a
comment at https://
ftcpublic.commentworks.com/ftc/
titansconsent online or on paper, by
following the instructions in the
Request for Comment part of the
SUPPLEMENTARY INFORMATION section
below. Write ‘‘Tennessee Football, Inc.Consent Agreement; File No. 142–3032’’
on your comment and file your
comment online at https://
ftcpublic.commentworks.com/ftc/
titansconsent https://
ftcpublic.commentworks.com/ftc/
fidelitynationalconsent 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:
Katherine Race Brin, Bureau of
Consumer Protection, (202–326–2106),
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 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 January 21, 2014), 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 February 20, 2014. Write
‘‘Tennessee Football, Inc.-Consent
Agreement; File No. 142–3032’’ 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
tkelley on DSK3SPTVN1PROD with NOTICES
DATES:
VerDate Mar<15>2010
16:05 Jan 28, 2014
Jkt 232001
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 ‘‘[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.
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/
titansconsent 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 ‘‘Tennessee Football, Inc.- Consent
Agreement; File No. 142–3032’’ on your
comment and on the envelope, and mail
or deliver it to the following address:
Federal Trade Commission, Office of the
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 00048
Fmt 4703
Sfmt 4703
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 February 20, 2014. 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 Proposed Consent Order To
Aid Public Comment
The Federal Trade Commission
(‘‘FTC’’ or ‘‘Commission’’) has accepted,
subject to final approval, a consent
agreement applicable to Tennessee
Football, Inc. (‘‘the Tennessee Titans’’).
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 the
Tennessee Titans made to consumers
concerning their participation in the
Safe Harbor privacy framework (‘‘Safe
Harbor’’) agreed upon by the U.S. and
the European Union (‘‘EU’’) (‘‘U.S.-EU
Safe Harbor Framework’’). It is among
several actions the Commission is
bringing to enforce the promises that
companies make when they certify that
they participate in the Safe Harbor
Framework. The Safe Harbor framework
allows U.S. companies to transfer data
outside the EU consistent with
European law. To join the Safe Harbor
framework, a company must self-certify
to the U.S. Department of Commerce
(‘‘Commerce’’) that it complies with a
set of principles and related
requirements that have been deemed by
the European Commission as providing
‘‘adequate’’ privacy protection.
Commerce maintains a public Web site,
www.export.gov/safeharbor, where it
posts the names of companies that have
self-certified to the Safe Harbor
framework. The listing of companies
indicates whether their self-certification
E:\FR\FM\29JAN1.SGM
29JAN1
tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 19 / Wednesday, January 29, 2014 / Notices
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.
The Tennessee Titans are a
professional football team and a member
of the National Football League.
According to the Commission’s
complaint, from August 2005 until
November 2013, the Tennessee Titans
set forth on their Web site,
www.titansonline.com, privacy policies
and statements about their practices,
including statements related to their
participation in the U.S.-EU Safe Harbor
Framework.
The Commission’s complaint alleges
that the Tennessee Titans falsely
represented that they were a ‘‘current’’
participant in the Safe Harbor when, in
fact, from August 2009 until November
2013, the Tennessee Titans were not a
‘‘current’’ participant in the U.S.-EU
Safe Harbor Framework. The
Commission’s complaint alleges that in
August 2005, the Tennessee Titans
submitted a Safe Harbor selfcertification. The Tennessee Titans did
not renew the self-certification in
August 2009, and Commerce
subsequently updated the Tennessee
Titans’ status to ‘‘not current’’ on its
public Web site.
Part I of the proposed order prohibits
the Tennessee Titans from making
misrepresentations about their
membership in any privacy or security
program sponsored by the government
or any other self-regulatory or standardsetting organization, including, but not
limited to, the U.S.-EU Safe Harbor
Framework.
Parts II through VI of the proposed
order are reporting and compliance
provisions. Part II requires the
Tennessee Titans to retain documents
relating to 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
the Tennessee Titans 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 this analysis is to
facilitate 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.
VerDate Mar<15>2010
16:05 Jan 28, 2014
Jkt 232001
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2014–01780 Filed 1–28–14; 8:45 am]
BILLING CODE 6750–01–P
FEDERAL TRADE COMMISSION
[File No. 142–3017]
Apperian, Inc.; 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. The attached
Analysis of Proposed Consent Order 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 February 20, 2014.
ADDRESSES: Interested parties may file a
comment at https://
ftcpublic.commentworks.com/ftc/
apperianconsent online or on paper, by
following the instructions in the
Request for Comment part of the
SUPPLEMENTARY INFORMATION section
below. Write ‘‘Apperian, Inc.—Consent
Agreement; File No. 142–3017’’ on your
comment and file your comment online
at https://ftcpublic.commentworks.com/
ftc/apperianconsent https://
ftcpublic.commentworks.com/ftc/
fidelitynationalconsent 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:
Katherine Race Brin, Bureau of
Consumer Protection, (202–326–2106),
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 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
SUMMARY:
PO 00000
Frm 00049
Fmt 4703
Sfmt 4703
4703
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 January 21, 2014), 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 February 20, 2014. Write
‘‘Apperian, Inc.—Consent Agreement;
File No. 142–3017’’ 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
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 ‘‘[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
1 In particular, the written request for confidential
treatment that accompanies the comment must
include the factual and legal basis for the request,
E:\FR\FM\29JAN1.SGM
Continued
29JAN1
Agencies
[Federal Register Volume 79, Number 19 (Wednesday, January 29, 2014)]
[Notices]
[Pages 4701-4703]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-01780]
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
[File No. 142-3032]
Tennessee Football, Inc.; 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. The attached Analysis of Proposed Consent Order 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.
[[Page 4702]]
DATES: Comments must be received on or before February 20, 2014.
ADDRESSES: Interested parties may file a comment at https://ftcpublic.commentworks.com/ftc/titansconsent online or on paper, by
following the instructions in the Request for Comment part of the
SUPPLEMENTARY INFORMATION section below. Write ``Tennessee Football,
Inc.-Consent Agreement; File No. 142-3032'' on your comment and file
your comment online at https://ftcpublic.commentworks.com/ftc/titansconsent https://ftcpublic.commentworks.com/ftc/fidelitynationalconsent 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: Katherine Race Brin, Bureau of
Consumer Protection, (202-326-2106), 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 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 January 21, 2014), 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 February 20,
2014. Write ``Tennessee Football, Inc.-Consent Agreement; File No. 142-
3032'' 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
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 ``[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/titansconsent 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 ``Tennessee Football,
Inc.- Consent Agreement; File No. 142-3032'' 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 February 20, 2014. 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 Proposed Consent Order To Aid Public Comment
The Federal Trade Commission (``FTC'' or ``Commission'') has
accepted, subject to final approval, a consent agreement applicable to
Tennessee Football, Inc. (``the Tennessee Titans'').
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 the Tennessee Titans made to consumers concerning their
participation in the Safe Harbor privacy framework (``Safe Harbor'')
agreed upon by the U.S. and the European Union (``EU'') (``U.S.-EU Safe
Harbor Framework''). It is among several actions the Commission is
bringing to enforce the promises that companies make when they certify
that they participate in the Safe Harbor Framework. The Safe Harbor
framework allows U.S. companies to transfer data outside the EU
consistent with European law. To join the Safe Harbor framework, a
company must self-certify to the U.S. Department of Commerce
(``Commerce'') that it complies with a set of principles and related
requirements that have been deemed by the European Commission as
providing ``adequate'' privacy protection. Commerce maintains a public
Web site, www.export.gov/safeharbor, where it posts the names of
companies that have self-certified to the Safe Harbor framework. The
listing of companies indicates whether their self-certification
[[Page 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.
The Tennessee Titans are a professional football team and a member
of the National Football League. According to the Commission's
complaint, from August 2005 until November 2013, the Tennessee Titans
set forth on their Web site, www.titansonline.com, privacy policies and
statements about their practices, including statements related to their
participation in the U.S.-EU Safe Harbor Framework.
The Commission's complaint alleges that the Tennessee Titans
falsely represented that they were a ``current'' participant in the
Safe Harbor when, in fact, from August 2009 until November 2013, the
Tennessee Titans were not a ``current'' participant in the U.S.-EU Safe
Harbor Framework. The Commission's complaint alleges that in August
2005, the Tennessee Titans submitted a Safe Harbor self-certification.
The Tennessee Titans did not renew the self-certification in August
2009, and Commerce subsequently updated the Tennessee Titans' status to
``not current'' on its public Web site.
Part I of the proposed order prohibits the Tennessee Titans from
making misrepresentations about their membership in any privacy or
security program sponsored by the government or any other self-
regulatory or standard-setting organization, including, but not limited
to, the U.S.-EU Safe Harbor Framework.
Parts II through VI of the proposed order are reporting and
compliance provisions. Part II requires the Tennessee Titans to retain
documents relating to 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 the Tennessee Titans 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 this analysis is to facilitate 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. 2014-01780 Filed 1-28-14; 8:45 am]
BILLING CODE 6750-01-P