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| <!doctype html public "-//w3c//dtd html 4.0 transitional//en"> | |
| <html> | |
| <head> | |
| <meta http-equiv="Content-Type" content="text/html; charset=iso-8859-1"> | |
| <meta name="Generator" content="Corel WordPerfect 8"> | |
| <meta name="GENERATOR" content="Mozilla/4.5 [en] (Win95; U) [Netscape]"> | |
| <meta name="Author" content="NTIA"> | |
| <meta name="KeyWords" content="Workshop, Online Profiling, profiling, privacy, FTC"> | |
| <title>9-14-1999 Notice: FTC/DOC Public Workshop on Online Profiling</title> | |
| </head> | |
| <body text="#000000" bgcolor="#FFFFFF" link="#0000FF" vlink="#551A8B" alink="#FF0000"> | |
| <center>Billing Code: 6750-01 | |
| <br>3510-60-P</center> | |
| <p><i>PLEASE NOTE: 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> | |
| <li> | |
| What types of information are currently being collected by online profiling | |
| companies from or about Web site visitors?</li> | |
| <br> | |
| <li> | |
| What technologies do online profiling companies use to collect information | |
| about consumers? Please describe how these technologies function.</li> | |
| <br> | |
| <li> | |
| Do these technologies currently enable creation of anonymous profiles?</li> | |
| <br> | |
| <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> | |
| <li> | |
| Are there technologies in development that will enable the creation of | |
| consumer profiles that identify individual consumers? If so, please describe.</li> | |
| <br> | |
| <li> | |
| How is the information collected by online profiling companies used?</li> | |
| <br> | |
| <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> | |
| <li> | |
| What are the costs and benefits, to both industry and consumers, of online | |
| profiling?</li> | |
| <br> | |
| <li> | |
| What are consumers' perceptions about online profiling? Please provide | |
| the results of any studies or surveys addressing this question.</li> | |
| <br> | |
| <li> | |
| What are the beneficial uses of the information collected by online profiling | |
| companies?</li> | |
| <br> | |
| <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> | |
| <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> | |
| <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> | |
| <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> | |
| <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> | |
| <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> | |
| <li> | |
| What procedures have online profiling companies instituted to maintain | |
| the security of the information they collect?</li> | |
| <br> | |
| <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> | |
| <li> | |
| Are there any efforts currently underway or planned to educate consumers | |
| and businesses about online profiling? If so, please describe.</li> | |
| <br> </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> | |
| <p><b>____________________________ ______________________________</b> | |
| <p><b>Kathy D. Smith | |
| Donald S. Clark</b> | |
| <br>Acting Chief Counsel | |
| Secretary | |
| <br>National Telecommunications and | |
| Federal Trade Commission | |
| <br> Information Administration | |
| <br>U. S. Department of Commerce | |
| <p>Dated: t | |
| </body> | |
| </html> |