[Federal Register Volume 64, Number 123 (Monday, June 28, 1999)]
[Proposed Rules]
[Pages 34595-34596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16399]
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FEDERAL TRADE COMMISSION
16 CFR Part 312
Children's Online Privacy Protection Rule
AGENCY: Federal Trade Commission.
ACTION: Public workshop on proposed regulations implementing the
Children's Online Privacy Protection Act.
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SUMMARY: On April 27, 1999, the Commission published a Federal Register
document seeking public comments on its proposed regulations under the
Children's Online Privacy Protection Act. As part of its review of the
issues raised by the comments in preparation for publishing final
regulations, the Commission has scheduled a public workshop to obtain
additional comment regarding the issue of appropriate mechanisms for
obtaining verifiable parental consent under the regulations. Today's
Federal Register document outlines the topics to be discussed at the
workshop and the procedures to be followed by those who wish to
participate in the workshop.
DATES: Requests to participate in the workshop must be submitted by
July 6, 1999. The workshop will be held on July 20, 1999, at the
Commission's headquarters at 600 Pennsylvania Ave., NW., Washington,
DC.
ADDRESSES: All requests to participate should be sent either to the
Office of the Secretary, Federal Trade Commission, Room 159, 600
Pennsylvania Avenue, NW., Washington, DC 20580, or by e-
[[Page 34596]]
mail to childprivacy@ftc.gov>. Requests should include the requestor's
name, affiliation, if any, address, telephone number and, if available,
FAX number and e-mail address. All requests should be captioned
``Children's Online Privacy Protection Rule--FTC File No. P994504.''
FOR FURTHER INFORMATION CONTACT: Toby Milgrom Levin, Attorney, Federal
Trade Commission, 600 Pennsylvania Avenue, NW., Washington, DC 20580,
telephone 202-326-3156, e-mail tlevin@ftc.gov>; Loren G. Thompson,
Attorney, Federal Trade Commission, 600 Pennsylvania Avenue, NW.,
Washington, DC 20580, telephone 202-326-2049, e-mail
lthompson@ftc.gov>; or Jill Samuels, Attorney, Federal Trade
Commission, 600 Pennsylvania Avenue, NW., Washington, DC 20580,
telephone 202-326-2066, e-mail jsamuels@ftc.gov>.
SUPPLEMENTARY INFORMATION:
I. Background
On April 20, 1999, the Commission issued proposed regulations
implementing the Children's Online Privacy Protection Act (COPPA), 64
FR 22750, April 27, 1999. Of particular importance is the COPPA
requirement that, with certain exceptions, websites obtain ``verifiable
parental consent'' before collecting, using, or disclosing personal
information from children. Section 312.5 of the proposed rule sets
forth this requirement along with the following performance standard:
An operator must make reasonable efforts to obtain verifiable
parental consent, taking into consideration available technology.
Any method to obtain verifiable consent must be reasonably
calculated, in light of available technology, to ensure that the
person providing consent is the child's parent. (64 FR 22756)
In its discussion of this section, the Commission identified a
number of methods an operator might use to obtain verifiable parental
consent, including a print-and-send form signed by the parent and
mailed or faxed to the website; a credit-card transaction initiated by
the parent; a call made by the parent to a toll-free number; or an e-
mail accompanied by the parent's valid digital signature. The
Commission also solicited comment on whether there are other e-mail
based mechanisms that could provide sufficient assurance that the
person providing consent is the child's parent. (64 FR 22756, 22762)
The Commission received over 120 comments on the proposed
regulations.\1\ A significant number of those comments addressed the
issue of verifiable parental consent. The Commission has concluded that
a workshop will afford Commission staff and interested parties an
opportunity to explore appropriate mechanisms for obtaining verifiable
parental consent. The Commission will consider the views and
suggestions made during the workshop, in addition to the written
comments received, in formulating its final regulations on this topic.
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\1\ The comments are available for viewing at the Commission's
headquarters, 600 Pennsylvania Ave., NW., Room 130, Washington, DC
20580. They are also available on the Commission's website at
http://www.ftc.gov>.
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II. Date, Time and Location of Workshop
The one-day workshop will be held in the FTC headquarters building,
600 Pennsylvania Avenue, NW., Washington, DC, on July 20, 1999.
III. Workshop Sessions
The workshop will be divided into three sections designed to elicit
further information regarding mechanisms for verifiable parental
consent. The first session will be a discussion of websites' actual
experiences with regard to obtaining ``verifiable parental consent.''
The second session will explore the availability and adequacy of e-mail
based mechanisms designed to provide verifiable parental consent. The
third session will examine other technologies and services that are
available or under development to implement the verifiable parental
consent requirement.
Session I: What methods are websites currently using to obtain
``verifiable parental consent?''
(a) Do these methods comply with the requirements of the statute
and the proposed rule for verifiable parental consent, i.e., do they
provide sufficient assurance that the person providing the consent is
the child's parent?
(b) What are the costs and/or benefits to parents and to websites
of these methods?
Session II: Do e-mail based mechanisms comply with the requirements
of the statute and the proposed rule for verifiable parental consent,
i.e., do they provide sufficient assurance that the person providing
the consent is the child's parent?
(a) What e-mail based products or services are currently available
or under development that websites could use to obtain verifiable
parental consent?
(b) What are the cost and/or benefits to parents and to websites of
such products or services?
Session III: Are these examples of other technologies, products, or
services that websites can use to obtain verifiable parental consent?
(a) What other technologies, products, or services are available or
under development that websites could use to obtain verifiable parental
consent?
(b) What are the costs and/or benefits to parents and to websites
of such products or services?
IV. Request To Participate
Parties interested in participating in the workshop must file a
request to participate by July 6, 1999. The request should specify the
workshop sessions in which the requester seeks to participate. Parties
who wish to participate in the workshop but did not submit written
comments should submit a short statement of their views. If the number
of parties who request to participate in the workshop is so large that
include all requesters would inhibit effective discussion among the
participants, Commission staff will select as participants a limited
number of parties to represent the relevant interests. Selection will
be based on the following criteria:
1. The Party submitted a request to participate by July 6, 1999.
2. The party's participation would promote the representative of a
balance of interests at the workshop.
3. The party's participation would promote the consideration and
discussion of the issues presented in the workshop.
4. The party has expertise in issues raised in the workshop.
5. The party adequately reflects the view of the affected
interest(s) which it purports to represent.
If it is necessary to limit the number of participants, those who
requested to participate but were not selected will be afforded an
opportunity, if at all possible, to present statements during a limited
time period at the conclusion of one or more sessions. The time
allotted for these statements will be based on the amount of time
necessary for discussion of the issues by the selected parties, and on
the number of persons who wish to make statements.
Requesters will be notified as soon as possible after July 6, 1999
if they have been selected to participate.
By direction of the Commission.
Benjamin I. Berman,
Acting Secretary.
[FR Doc. 99-16399 Filed 6-25-99; 8:45 am]
BILLING CODE 6750-01-M
