[Federal Register Volume 65, Number 45 (Tuesday, March 7, 2000)]
[Proposed Rules]
[Pages 11947-11948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5505]


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FEDERAL TRADE COMMISSION

16 CFR Part 312


Children's Online Privacy Protection Rule

AGENCY: Federal Trade Commission.

ACTION: Notice of Proposed ``Safe Harbor'' Guidelines and Request for 
Public Comment.

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SUMMARY: The Federal Trade Commission publishes this notice and request 
for public comment concerning proposed self-regulatory guidelines under 
the safe harbor provision of the Children's Online Privacy Protection 
Rule, 16 CFR 312.10(a).

DATES: Written comments must be submitted on or before April 6, 2000. 
Comments will be posted on the Commission's website: http://www.ftc.gov.

ADDRESSES: Written comments should be submitted to: Secretary, Federal 
Trade Commission, Room H-159, 600 Pennsylvania Avenue, NW., Washington, 
DC 20580. The Commission requests that commenters submit the original 
plus five copies, if feasible. To enable prompt review and public 
access, comments also should be submitted, if possible, in electronic 
form, on either a 5\1/4\ or a 3\1/2\ inch computer disk, with a disk 
label stating the name of the commenter and the name and version of the 
word processing program used to create the document. (Programs based on 
DOS or Windows are preferred. Files from other operating systems should 
be submitted in ASCII text format.) Alternatively, the Commission will 
accept comments submitted to the following e-mail address, 
[email protected]. Individual members of the public filing comments 
need not submit multiple copies or comments in electronic form. All 
submissions should be captioned: ``PrivacyBot.com Safe Harbor 
Proposal--Comment, P004504.''

FOR FURTHER INFORMATION CONTACT: Loren G. Thompson, (202) 326-2049, 
Abbe Goldstein, (202) 326-3423, or Elizabeth Delaney, (202) 326-2903, 
Division of Advertising Practices, Bureau of Consumer Protection, 
Federal Trade Commission, 601 Pennsylvania Ave., NW, 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.\1\ The Rule requires certain website operators to post privacy 
policies, provide notice, and obtain parental consent prior to 
collecting certain personal information from children. The Rule 
contains a ``safe harbor'' provision enabling industry groups or others 
to submit self-regulatory guidelines that would implement the 
protections of the Rule to the Commission for approval.\2\
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    \1\ 64 FR 59888 (Nov. 3, 1999).
    \2\ See 16 CFR 312.10; 64 FR at 59906-59908; 59915.
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    Pursuant to Sec. 312.10 of the Rule, PrivacyBot.com has submitted 
proposed self-regulatory guidelines to the Commission for approval. The 
full text of the proposed guidelines is available on the Commission's 
website, 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. Responses to these 
questions should cite the numbers and subsection of the questions 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 comment 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 any benefits and costs), 
if any, and (b) what alternatives, if any, PrivacyBot.com 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 
protection for children'' as those contained in Secs. 312.2-312.8 of 
the Children's Online Privacy Protection Rule? 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 
guidelines effective? See Rule Sec. 312.10(b)(2).\3\ If not, please 
describe (a) how the proposed guidelines could be

[[Page 11948]]

modified to satisfy the Rule's requirements, and (b) the costs and 
benefits of those modifications.
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    \3\ 64 FR at 59915.
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    4. Are the incentives for operators' compliance with the guidelines 
effective? See Rule Sec. 312.10(b)(3).\4\ If not, please describe (a) 
how the proposed guidelines could be modified to satisfy the Rule's 
requirements, and (b) the costs and benefits of those modifications.
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    \4\ Id.
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    5. Do the guidelines provide adequate means for resolving consumer 
complaints? If not, please describe (a) how the proposed guidelines 
could be modified to resolve consumer complaints adequately, and (b) 
the costs and benefits of those modifications.
    6. Please comment on the effectiveness of automation in the 
proposed guidelines and describe other means or mechanisms, if any, 
PrivacyBot.com should consider for its safe harbor program.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 00-5505 Filed 3-6-00; 8:45 am]
BILLING CODE 6750--01-M