Turn Inc., Analysis of Proposed Consent Order To Aid Public Comment, 95140-95141 [2016-31132]
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95140
Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Notices
Deaktor, Chatsworth, California,
Deborah B. Josephson, as trustee for the
Deborah B. Josephson Revocable Trust,
Omaha, Nebraska, Erik Leibsohn,
Paradise Vally, Arizona, Steve Liebsohn,
Scottsdale, Arizona, and Matthew Rose,
Phoenix, Arizona; as a group acting in
concert to retain control of Guaranty
Bankshares, Ltd. and thereby indirectly
retain control of Guaranty Bank and
Trust Company, both in Cedar Rapids,
Iowa.
Board of Governors of the Federal Reserve
System, December 21, 2016.
Yao-Chin Chao,
Assistant Secretary of the Board.
[FR Doc. 2016–31179 Filed 12–23–16; 8:45 am]
BILLING CODE 6210–01–P
FEDERAL TRADE COMMISSION
[File No. 152 3099]
Turn 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 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 19, 2017.
ADDRESSES: Interested parties may file a
comment at https://
ftcpublic.commentworks.com/ftc/
turnconsent online or on paper, by
following the instructions in the
Request for Comment part of the
SUPPLEMENTARY INFORMATION section
below. Write ‘‘In the Matter of Turn Inc.,
File No. 152 3099—Consent Agreement’’
on your comment and file your
comment online at https://
ftcpublic.commentworks.com/ftc/
turnconsent by following the
instructions on the web-based form. If
you prefer to file your comment on
paper, write ‘‘In the Matter of Turn Inc.,
File No. 152 3099—Consent Agreement’’
on your comment and on the envelope,
and mail your comment to the following
address: Federal Trade Commission,
Office of the Secretary, 600
Pennsylvania Avenue NW., Suite CC–
5610 (Annex D), Washington, DC 20580,
or deliver your comment to the
following address: Federal Trade
Commission, Office of the Secretary,
asabaliauskas on DSK3SPTVN1PROD with NOTICES
DATES:
VerDate Sep<11>2014
20:45 Dec 23, 2016
Jkt 241001
Constitution Center, 400 7th Street SW.,
5th Floor, Suite 5610 (Annex D),
Washington, DC 20024.
FOR FURTHER INFORMATION CONTACT:
Jamie E. Hine, (202) 326–2188,
Attorney, and Justin Brookman, (202)
326–2214, Attorney, Bureau of
Consumer Protection, Federal Trade
Commission, 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 December 20, 2016), on
the World Wide Web at: https://
www.ftc.gov/os/actions.shtm.
You can file a comment online or on
paper. For the Commission to consider
your comment, we must receive it on or
before January 19, 2017. Write ‘‘In the
Matter of Turn Inc., File No. 152 3099—
Consent Agreement’’ 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.
PO 00000
Frm 00043
Fmt 4703
Sfmt 4703
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/
turnconsent 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 ‘‘In the Matter of Turn Inc., File
No. 152 3099—Consent Agreement’’ on
your comment and on the envelope, and
mail your comment to the following
address: Federal Trade Commission,
Office of the Secretary, 600
Pennsylvania Avenue NW., Suite CC–
5610 (Annex D), Washington, DC 20580,
or deliver your comment to the
following address: Federal Trade
Commission, Office of the Secretary,
Constitution Center, 400 7th Street SW.,
5th Floor, Suite 5610 (Annex D),
Washington, DC 20024. 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 19, 2017. You can find
more information, including routine
uses permitted by the Privacy Act, in
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).
E:\FR\FM\27DEN1.SGM
27DEN1
Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Notices
asabaliauskas on DSK3SPTVN1PROD with NOTICES
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 has
accepted, subject to final approval, an
agreement containing a consent order
from Turn Inc. (‘‘Turn’’).
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 again will review the
agreement and the comments received
and will decide whether it should
withdraw from the agreement or make
final the agreement’s proposed order.
This matter involves Turn, a digital
advertising company that enables
commercial brands and ad agencies to
engage in targeted advertising, which is
the practice of tracking a consumer’s
activities or characteristics to deliver
ads tailored to the consumer’s interests.
The FTC complaint alleges that Turn
violated Section 5(a) of the FTC Act by
falsely representing to consumers the
extent to which consumers could
restrict the company’s tracking of their
online activities and the extent to which
Turn’s opt-out applied to mobile app
advertising.
Specifically, the complaint alleges
that until at least April 2015, Turn’s
privacy policy misrepresented that
consumers could prevent Turn’s
tracking by blocking or otherwise
limiting cookies. Contrary to
representations that consumers could
opt out of tracking by instructing their
browser to ‘‘stop accepting cookies,’’
Turn tracked consumers by using and
synchronizing the Verizon X–UIDH
header, a unique identifier appended to
the internet traffic of more than 100
million consumers on the Verizon
Wireless data network. Even if a
consumer deleted cookies or reset their
device advertising identifier (e.g.,
Apple’s IDFA or Google’s advertising
ID), Turn would be able to recognize the
user by cross-referencing the unique X–
UIDH header associated with an
individual consumer’s device. In fact, if
a Verizon Wireless user deleted their
cookies, Turn would attempt to set a
new cookie containing the same unique
identifier as the cookie the user had
deleted, thereby maintaining the linkage
between the consumer’s browser or
device and an identifier associated with
behavioral, demographic, or tracking
data.
In addition, the complaint alleges that
Turn’s privacy policy misrepresented
that its opt-out mechanism would be
VerDate Sep<11>2014
20:45 Dec 23, 2016
Jkt 241001
effective in blocking targeted advertising
on both mobile Web sites and in mobile
apps. Contrary to Turn’s
representations, Turn’s opt-out applied
only to mobile browsers, and was not
effective in blocking ads in mobile
applications.
The proposed consent order contains
provisions designed to prevent Turn
from engaging in similar acts and
practices in the future. Part I of the
proposed order prohibits Turn from
misrepresenting (1) the extent to which
it collects, uses, discloses, retains, or
shares Covered Information; and (2) the
extent to which users may limit, control,
or prevent Turn’s collection, use,
disclosure, retention, or sharing of
covered information. Part II of the
proposed order requires Turn, within
thirty days following service of the
order, to place a clear and conspicuous
hyperlink on the Turn Web site
homepage that states ‘‘Consumer Opt
Out of Targeted Advertising.’’ The
hyperlink must take consumers to a
clear and conspicuous disclosure that
explains what information Turn collects
and uses for targeted advertising, and
provides an effective opt-out
mechanism that allows consumers to
prevent Turn from collecting or using
consumers’ information. In addition,
Turn’s Web site must describe to
consumers the technologies and
methods it uses for targeted advertising.
Part III of the proposed order requires
Turn to honor mobile operating system
control signal (e.g., Apple’s IDFA or
Google’s advertising ID) to opt out of or
otherwise control or limit targeted
advertising, where it knows or
reasonably should know that it is
receiving such a signal.
Parts IV through VIII of the proposed
order are reporting and compliance
provisions. Part IV requires
acknowledgment of the order and
dissemination of the order now and in
the future to persons with managerial
responsibilities relating to the subject
matter of the order. Part V ensures
notification to the FTC of changes in
corporate status and mandates that Turn
submit an initial compliance report to
the FTC. Part VI requires Turn to retain
documents relating to its compliance
with the order for a five-year period.
Part VII mandates that Turn make
available to the FTC information or
subsequent compliance reports, as
requested. Part VIII 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 order or to
PO 00000
Frm 00044
Fmt 4703
Sfmt 4703
95141
modify in any way the proposed orders
terms.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2016–31132 Filed 12–23–16; 8:45 am]
BILLING CODE 6750–01–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[OMB Control No. 9000–0196; Docket No.
2016–0053; Sequence 33]
Submission for OMB Review; Payment
of Subcontractors
Department of Defense (DOD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Notice of request for public
comments regarding an extension to an
existing OMB clearance.
AGENCY:
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 currently
approved information collection
requirement concerning Payment of
Subcontractors.
DATES: Submit comments on or before
January 26, 2017.
ADDRESSES: Submit comments regarding
this burden estimate or any other aspect
of this collection of information,
including suggestions for reducing this
burden to: Office of Information and
Regulatory Affairs of OMB, Attention:
Desk Officer for GSA, Room 10236,
NEOB, Washington, DC 20503.
Additionally submit a copy to GSA by
any of the following methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
searching for OMB control number
9000–0196, Payment of Subcontractors.
Select the link ‘‘Submit a Comment’’
that corresponds with ‘‘9000–0196;
Payment of Subcontractors.’’ Follow the
instructions provided at the ‘‘Submit a
Comment’’ screen. Please include your
name, company name (if any), and
‘‘9000–0196; Payment of
Subcontractors’’ on your attached
document.
• Mail: General Services
Administration, Regulatory Secretariat
Division (MVCB), 1800 F Street NW.,
SUMMARY:
E:\FR\FM\27DEN1.SGM
27DEN1
Agencies
[Federal Register Volume 81, Number 248 (Tuesday, December 27, 2016)]
[Notices]
[Pages 95140-95141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31132]
=======================================================================
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
[File No. 152 3099]
Turn 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 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 19, 2017.
ADDRESSES: Interested parties may file a comment at https://ftcpublic.commentworks.com/ftc/turnconsent online or on paper, by
following the instructions in the Request for Comment part of the
SUPPLEMENTARY INFORMATION section below. Write ``In the Matter of Turn
Inc., File No. 152 3099--Consent Agreement'' on your comment and file
your comment online at https://ftcpublic.commentworks.com/ftc/turnconsent by following the instructions on the web-based form. If you
prefer to file your comment on paper, write ``In the Matter of Turn
Inc., File No. 152 3099--Consent Agreement'' on your comment and on the
envelope, and mail your comment to the following address: Federal Trade
Commission, Office of the Secretary, 600 Pennsylvania Avenue NW., Suite
CC-5610 (Annex D), Washington, DC 20580, or deliver your comment to the
following address: Federal Trade Commission, Office of the Secretary,
Constitution Center, 400 7th Street SW., 5th Floor, Suite 5610 (Annex
D), Washington, DC 20024.
FOR FURTHER INFORMATION CONTACT: Jamie E. Hine, (202) 326-2188,
Attorney, and Justin Brookman, (202) 326-2214, Attorney, Bureau of
Consumer Protection, Federal Trade Commission, 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 December 20, 2016), on the World Wide Web
at: https://www.ftc.gov/os/actions.shtm.
You can file a comment online or on paper. For the Commission to
consider your comment, we must receive it on or before January 19,
2017. Write ``In the Matter of Turn Inc., File No. 152 3099--Consent
Agreement'' 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/turnconsent 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 ``In the Matter of Turn
Inc., File No. 152 3099--Consent Agreement'' on your comment and on the
envelope, and mail your comment to the following address: Federal Trade
Commission, Office of the Secretary, 600 Pennsylvania Avenue NW., Suite
CC-5610 (Annex D), Washington, DC 20580, or deliver your comment to the
following address: Federal Trade Commission, Office of the Secretary,
Constitution Center, 400 7th Street SW., 5th Floor, Suite 5610 (Annex
D), Washington, DC 20024. 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 19, 2017. You can find more
information, including routine uses permitted by the Privacy Act, in
[[Page 95141]]
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 has accepted, subject to final
approval, an agreement containing a consent order from Turn Inc.
(``Turn'').
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 again will review the
agreement and the comments received and will decide whether it should
withdraw from the agreement or make final the agreement's proposed
order.
This matter involves Turn, a digital advertising company that
enables commercial brands and ad agencies to engage in targeted
advertising, which is the practice of tracking a consumer's activities
or characteristics to deliver ads tailored to the consumer's interests.
The FTC complaint alleges that Turn violated Section 5(a) of the FTC
Act by falsely representing to consumers the extent to which consumers
could restrict the company's tracking of their online activities and
the extent to which Turn's opt-out applied to mobile app advertising.
Specifically, the complaint alleges that until at least April 2015,
Turn's privacy policy misrepresented that consumers could prevent
Turn's tracking by blocking or otherwise limiting cookies. Contrary to
representations that consumers could opt out of tracking by instructing
their browser to ``stop accepting cookies,'' Turn tracked consumers by
using and synchronizing the Verizon X-UIDH header, a unique identifier
appended to the internet traffic of more than 100 million consumers on
the Verizon Wireless data network. Even if a consumer deleted cookies
or reset their device advertising identifier (e.g., Apple's IDFA or
Google's advertising ID), Turn would be able to recognize the user by
cross-referencing the unique X-UIDH header associated with an
individual consumer's device. In fact, if a Verizon Wireless user
deleted their cookies, Turn would attempt to set a new cookie
containing the same unique identifier as the cookie the user had
deleted, thereby maintaining the linkage between the consumer's browser
or device and an identifier associated with behavioral, demographic, or
tracking data.
In addition, the complaint alleges that Turn's privacy policy
misrepresented that its opt-out mechanism would be effective in
blocking targeted advertising on both mobile Web sites and in mobile
apps. Contrary to Turn's representations, Turn's opt-out applied only
to mobile browsers, and was not effective in blocking ads in mobile
applications.
The proposed consent order contains provisions designed to prevent
Turn from engaging in similar acts and practices in the future. Part I
of the proposed order prohibits Turn from misrepresenting (1) the
extent to which it collects, uses, discloses, retains, or shares
Covered Information; and (2) the extent to which users may limit,
control, or prevent Turn's collection, use, disclosure, retention, or
sharing of covered information. Part II of the proposed order requires
Turn, within thirty days following service of the order, to place a
clear and conspicuous hyperlink on the Turn Web site homepage that
states ``Consumer Opt Out of Targeted Advertising.'' The hyperlink must
take consumers to a clear and conspicuous disclosure that explains what
information Turn collects and uses for targeted advertising, and
provides an effective opt-out mechanism that allows consumers to
prevent Turn from collecting or using consumers' information. In
addition, Turn's Web site must describe to consumers the technologies
and methods it uses for targeted advertising. Part III of the proposed
order requires Turn to honor mobile operating system control signal
(e.g., Apple's IDFA or Google's advertising ID) to opt out of or
otherwise control or limit targeted advertising, where it knows or
reasonably should know that it is receiving such a signal.
Parts IV through VIII of the proposed order are reporting and
compliance provisions. Part IV requires acknowledgment of the order and
dissemination of the order now and in the future to persons with
managerial responsibilities relating to the subject matter of the
order. Part V ensures notification to the FTC of changes in corporate
status and mandates that Turn submit an initial compliance report to
the FTC. Part VI requires Turn to retain documents relating to its
compliance with the order for a five-year period. Part VII mandates
that Turn make available to the FTC information or subsequent
compliance reports, as requested. Part VIII 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 order or to modify in any way
the proposed orders terms.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2016-31132 Filed 12-23-16; 8:45 am]
BILLING CODE 6750-01-P