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<title>9-14-1999 Notice: FTC/DOC Public Workshop on Online Profiling</title>
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<center>Billing Code: 6750-01
<br>3510-60-P</center>
<p><i>PLEASE NOTE:&nbsp; Though it is not intended or expected, should
any discrepancy occur between the document here and that published in the
Federal Register, the Federal Register publication controls. The Notice
is being made available through the Internet solely as a means to facilitate
the public's access to this document.</i>
<p><b>DEPARTMENT OF COMMERCE</b>
<br><b>FEDERAL TRADE COMMISSION</b>
<p>Docket No. 990811219-9219-01
<p>Public Workshop on Online Profiling
<p><b>AGENCIES: </b>National Telecommunications and Information Administration,
Commerce; Federal Trade Commission
<p><b>ACTION: </b>Notice; request for public comment
<p><b>SUMMARY:</b> The National Telecommunications and Information Administration
("NTIA") of the United States Department of Commerce and the Federal Trade
Commission have determined to hold a public workshop on "online profiling,"
the practice of aggregating information about consumers' preferences and
interests, gathered primarily by tracking their movements online, and using
the resulting consumer profiles to create targeted advertising on Web sites.
The workshop will be divided into three sessions. <i>Session I </i>will
explore developments in information technology that facilitate online profiling.
<i>Session II </i>will examine the implications of online profiling technologies
for consumer privacy. <i>Session III </i>will focus on the online profiling
industry's self-regulatory efforts to protect consumers' privacy online.
Any person who wishes to participate as a panelist in one or more of the
workshop sessions must file a written request to participate. In addition,
the agencies are requesting public comment addressing various issues related
to the practice of online profiling.
<p><b>DATES:</b> The workshop will be held on November 8, 1999 at the U.S.
Department of Commerce, Main Auditorium, 1401 Constitution Ave., N.W.,
Washington, D.C. 20230. The workshop is open to the public.
<p>Written comments and requests to participate as a panelist in the workshop
must be filed on or before October 18, 1999. Persons filing requests to
participate as a panelist will be notified on or before October 25, 1999,
if they have been selected to participate.
<p><font face="Times New Roman"><b>ADDRESSES: </b>Written comments and
requests to participate as a panelist in the workshop should be submitted
to Secretary, Federal Trade Commission, Room H-159, 600 Pennsylvania Avenue
N.W., Washington, D.C. 20580.</font>
<p><font face="Times New Roman"><b>SUBMISSION OF DOCUMENTS:</b> Parties
sending written comments and/or requests to participate should submit an
original and two copies of each document. To enable prompt review and public
access, paper submissions should include a version on diskette in PDF,
ASCII, WordPerfect (please specify version) or Microsoft Word (please specify
version) format.<i> </i>Diskettes should be labeled with the name of the
party, and the name and version of the word processing program used to
create the document.<i> </i>Alternatively, documents may be submitted to
the following email address: profile@ftc.gov.</font>
<p><i><font face="Times New Roman">Written Comments</font></i>
<p><font face="Times New Roman">Comments should be captioned "Online Profiling
Project - Comment, P994809 / Docket No. </font>990811219-9219-01<font face="Times New Roman">."
Rebuttal comments should be submitted following the procedures described
above. All comments will be posted on the Federal Trade Commission's Web
site: www.ftc.gov and on the NTIA's Web site: www.ntia.doc.gov.</font>
<p><i><font face="Times New Roman">Requests to Participate as Panelist
in the Workshop</font></i>
<p><font face="Times New Roman">Requests to participate as a panelist should
be captioned "Online Profiling Project - Request to Participate, P994809
/ Docket No. </font>990811219-9219-01<font face="Times New Roman">."</font>
<p><font face="Times New Roman">Parties may apply to participate as a panelist
in more than one workshop session. Requests to participate, however, must
specify the session(s) in which participation is sought. Parties applying
to participate are also encouraged to file written comments.</font>
<p><font face="Times New Roman">Requesters will be notified on or before
October 25, 1999, if they have been selected to participate in workshop
sessions. To assist staff of the Department of Commerce and the Federal
Trade Commission in making this notification, parties are asked to include
in their request to participate a telephone number, facsimile number, and
email address if available.</font>
<p><b>FOR FURTHER INFORMATION CONTACT:</b> Wendy S. Lader, NTIA, U. S.
Department of Commerce, 1401 Constitution Avenue, N.W., Washington, D.C.
20230, telephone (202) 482-1880, email wlader@ntia.doc.gov; or Martha K.
Landesberg, Division of Financial Practices, Federal Trade Commission,
600 Pennsylvania Avenue, N.W., Mail Stop 4429, Washington, D.C. 20580,
telephone (202) 326-2825, email mlandesberg@ftc.gov.
<p><b>SUPPLEMENTARY INFORMATION:</b>
<p><b>Authority: </b>15 U.S.C. 41 <i>et seq.</i>; 47 U.S.C. 902(b)(2)(H);
47 U.S.C. 902(b)(2)(M).
<p><b>1. Background</b>
<p>In July 1998, Vice President Gore asked the Department of Commerce to
work with the Federal Trade Commission to encourage companies that build
dossiers (profiles) about individuals by integrating information from a
variety of database sources to implement effective self-regulatory mechanisms.
The Department of Commerce and the Federal Trade Commission have been working
together to explore ways in which consumer privacy can be protected in
light of the rise of new technologies that facilitate "online profiling,"
the practice of aggregating information about consumers' preferences and
interests, gathered primarily by tracking their movements online, and using
the resulting consumer profiles to create targeted advertising on Web sites.
Profiling typically employs "cookies," text files placed on users' computers
to store information about their computers and their online activities.
Companies are involved in a wide array of activities that support online
profiling. For example, some companies develop profiling software and license
it to Web sites that wish to track their own visitors; others manage networks
of sites, pool data about consumers who visit sites in those networks,
and sell or place online advertising based upon inferences about consumers
drawn from the pooled data; still others specialize in measuring the popularity
of particular online advertisements for advertisers. Privacy concerns have
been raised by many of these practices. Consumers are largely unaware of
the creation of online profiles, and the implementation of core fair information
practices of notice, choice, access and security with respect to the collection
of information in online profiles remains a significant challenge. The
Department of Commerce and the Federal Trade Commission are announcing
a public workshop to be held on November 8, 1999, to inform government
officials and the public about these and related issues, and about industry's
current self-regulatory efforts to develop privacy protections for online
consumers.
<p><b>2. Workshop Agenda</b>
<p><font face="Times New Roman">The workshop will be held on </font>November
8, 1999 at the U.S. Department of Commerce, Main Auditorium, 1401 Constitution
Ave., N.W., Washington, D.C. 20230.<font face="Times New Roman"> The tentative
schedule for the workshop is as follows: the workshop will begin at 8:30
a.m. and will consist of three sessions, which will run consecutively.</font>
<p><b>Session I:</b> <b><i>Online Profiling Technology.</i></b> This session
will explore information technologies that facilitate profiling of consumers
online, both technologies that are currently in use and those in development.
This session will focus particularly on the extent to which these technologies
permit the integration of information that identifies consumers as individuals
with non-identifying information.
<p><b>Session II: <i>Implications of Online Profiling Technology for User
Privacy. </i></b>This session will examine the extent to which online profiling
technologies impinge upon consumer privacy, as well as the costs and benefits
of online profiling for both consumers and businesses.
<p><b>Session III: <i>The Role of Self Regulation. </i></b>This session
will examine the potential of self-regulation as a means of addressing
the privacy concerns raised by online profiling. This session will also
examine ways in which profiling technology can be deployed to promote adherence
to fair information practices. Current efforts to implement fair information
practices in the profiling industry will be discussed.
<p><b>3. Participation in Workshop Sessions</b>
<p><font face="Times New Roman">Those parties who wish to participate as
panelists in the workshop must notify the Secretary of the Federal Trade
Commission, in writing, of their interest in participating in Sessions
I, II, and/or III on or before October 18, 1999. Parties may participate
in more than one workshop session; requests to participate must specify
the session(s) in which participation is sought. All workshop sessions
are open to the public.</font>
<p><font face="Times New Roman">Staff of the Department of Commerce and
the Federal Trade Commission will select a limited number of panelists
to participate in the Workshop Sessions. In order to promote a thorough
examination of the issues and to facilitate an effective discussion, participants
will be chosen to represent different points of view and interests. Parties
requesting to participate are therefore encouraged to file written comments.
The agencies may invite parties to participate as panelists who have not
filed requests to participate.</font>
<p><font face="Times New Roman">Parties will participate in an open discussion
of the issues. It is contemplated that the selected panelists will ask
and answer questions based on their respective comments, including questions
posed by staff of the Department of Commerce and the Federal Trade Commission,
at the workshop. The discussion will be transcribed and the transcription
placed on the public record.</font>
<p><font face="Times New Roman">To the extent possible, staff of the Department
of Commerce and the Federal Trade Commission will select panelists to represent
the following affected interests, as well as any other interests that staff
may identify and deem appropriate for representation. For Session I: online
profiling companies; Web site operators; online advertisers; experts in
profiling technology and software. For Session II: consumer and privacy
advocacy groups; industry groups; Internet service providers; Web site
operators; online marketers; Internet "portal" sites; consumers who are
active on the World Wide Web. For Session III: online profiling companies;
Web site operators; online advertisers; Internet "portal" sites; industry
groups; consumer and privacy advocacy groups</font>. Each session may also
include members of the academic or research community with expertise in
privacy, fair information practices, and/or consumer preferences with respect
to the use of personal information in the online environment.
<p>Parties to represent the above-referenced interests will be selected
on the basis of the following criteria:
<p>1. The party's participation would promote a balance of interests being
represented at the workshop.
<p>2. The party has expertise in or knowledge of the issues that are the
focus of the workshop.
<p>3. The party adequately reflects the views of the affected interest(s)
which it purports to represent, not simply a single entity or firm within
that interest.
<p>4. The party has been designated by one or more interested parties (who
timely file written comments and requests to participate) as a party who
shares group interests with the designator(s).
<p>5. The number of parties selected will not be so large as to inhibit
effective discussion among them.
<p>If it is necessary to limit the number of panelists, those not selected
to participate may be afforded an opportunity at the end of the workshop
to present their views during a limited time period. The time allotted
for these statements will be determined on the basis of the time necessary
for discussion of the issues by the selected parties, as well as by the
number of persons who wish to make statements.
<p><b>4. Invitation to Comment</b>
<p>Interested parties are requested to submit written comments on any issue
of fact, law, or policy that may inform the U. S. Department of Commerce
and the Federal Trade Commission's study of online profiling. Specifically,
comment is requested on the questions set forth below. These questions
are designed to assist the public, however, and should not be construed
as a limitation on the issues on which public comment may be submitted.
Comments should cite the number of the question(s) addressed. Please provide
copies of any studies, research, or other empirical data referenced in
comments.
<ul>
<li>
What types of companies are engaged in online profiling or in the development
of online profiling technologies? What are the relevant business models?</li>
<br>&nbsp;
<li>
What types of information are currently being collected by online profiling
companies from or about Web site visitors?</li>
<br>&nbsp;
<li>
What technologies do online profiling companies use to collect information
about consumers? Please describe how these technologies function.</li>
<br>&nbsp;
<li>
Do these technologies currently enable creation of anonymous profiles?</li>
<br>&nbsp;
<li>
Do these technologies currently enable the creation of consumer profiles
that identify individual consumers? Do the profiles include information
originally collected anonymously but later linked to an individual? Are
online profiling companies currently creating such profiles?</li>
<br>&nbsp;
<li>
Are there technologies in development that will enable the creation of
consumer profiles that identify individual consumers? If so, please describe.</li>
<br>&nbsp;
<li>
How is the information collected by online profiling companies used?</li>
<br>&nbsp;
<li>
Is the information collected by online profiling companies being merged
with other databases? If so, what kinds of information are included in
such databases? How is the merged information being used?</li>
<br>&nbsp;
<li>
What are the costs and benefits, to both industry and consumers, of online
profiling?</li>
<br>&nbsp;
<li>
What are consumers' perceptions about online profiling? Please provide
the results of any studies or surveys addressing this question.</li>
<br>&nbsp;
<li>
What are the beneficial uses of the information collected by online profiling
companies?</li>
<br>&nbsp;
<li>
Are consumers' privacy interests implicated by the collection, compilation,
sale and use of information collected by online profiling companies? If
so, please describe.</li>
<br>&nbsp;
<li>
Do online profiling companies disclose the ultimate uses of the information
they collect? If so, what is the nature of such disclosures? Where possible,
please provide examples of such disclosures.</li>
<br>&nbsp;
<li>
Do online profiling companies provide effective mechanisms for a consumer
to remove his or her information from their databases or otherwise control
the use of such information?</li>
<br>&nbsp;
<li>
Do online profiling companies provide consumers an opportunity to choose
whether and how their information will be collected and used? If so, please
describe the choices that consumers are given and how consumers can exercise
these choices.</li>
<br>&nbsp;
<li>
What is current industry practice, with respect to information already
collected from individuals, when there is a later change in the company's
policies? What is the current industry practice, with respect to information
already collected from individuals, when there is a material change in
the corporate structure or business contracts governing such information,
such as through a merger, joint venture, or sale of customer lists? Do
online profiling companies provide notice and choice with respect to how
already-collected information is handled under changed circumstances?</li>
<br>&nbsp;
<li>
<font face="Times New Roman">What, if any, legal or other practical issues
would be implicated in the creation of effective self-regulatory programs
to govern the sorts of changed circumstances described in Question 16?</font></li>
</ul>
<ul>
<li>
Do online profiling companies provide consumers the opportunity to see
what information has been collected from or about them and the ability
to correct errors? If so, please describe.</li>
<br>&nbsp;
<li>
What procedures have online profiling companies instituted to maintain
the security of the information they collect?</li>
<br>&nbsp;
<li>
What self-regulatory efforts have online profiling companies undertaken
to address concerns raised by their collection, compilation, sale, and
use of consumer information? How do these efforts address the fair information
practice of notice, choice, access, security, and enforcement? What are
the costs and benefits, to both consumers and businesses, of such self-regulatory
efforts?</li>
<br>&nbsp;
<li>
Are there any efforts currently underway or planned to educate consumers
and businesses about online profiling? If so, please describe.</li>
<br>&nbsp;</ul>
<b><font face="Times New Roman">5. Form and Availability of Comments</font></b>
<p><font face="Times New Roman">Comments should indicate the number(s)
of the specific question(s) being answered, provide responses to questions
in numerical order, and use a new page for each question answered.</font>
<p><font face="Times New Roman">Written comments will be available for
public inspection in accordance with the Freedom of Information Act, 5
U.S.C. 552, and Federal Trade Commission regulations, 16 C.F.R. Part 4.9,
Monday through Friday between the hours of 8:30 a.m. and 5:00 p.m. at the
Public Reference Room 130, Federal Trade Commission, 600 Pennsylvania Avenue,
N.W., Washington, D.C. 20580. The agencies will make this notice and, to
the extent technically possible, all comments received in response to this
notice available to the public through the Internet at the following addresses:
www.ftc.gov and www.ntia.doc.gov.</font>
<p>By direction of the Commission.
<br>&nbsp;
<p><b>____________________________ ______________________________</b>
<p><b>Kathy D. Smith&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Donald S. Clark</b>
<br>Acting Chief Counsel&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Secretary
<br>National Telecommunications and&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Federal Trade Commission
<br>&nbsp; Information Administration
<br>U. S. Department of Commerce
<p>Dated:&nbsp; t
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