Public Workshop on Consumer Information Privacy

FEDERAL TRADE COMMISSION

Public Workshop on Consumer Information Privacy

AGENCY: Federal Trade Commission.

ACTION: Notice Requesting Public Comment and Announcing Public

Workshop.

-----------------------------------------------------------------------

SUMMARY: The Federal Trade Commission has determined to hold a public

workshop devoted to consumer information privacy. The workshop will be

divided into three sessions.

Session One is intended to gather information as part of a

Commission study of the collection, compilation, sale, and use of

computerized data bases that contain what consumers may perceive to be

sensitive identifying information, often referred to as ``look-up

services.'' These data bases typically are used to locate individuals

or develop individual background information. Interested parties are

encouraged to submit written comments concerning the subject of this

study, which is described more fully in the Supplementary Information

section of this Notice. Any person who wishes to apply for

participation in Session One must file a written comment addressing one

or more of the questions set forth below under the heading: ``Session

One: Computerized Data Bases Containing Sensitive Consumer Identifying

Information.'' However, the Commission will consider comments of all

persons, including non-participants in Session One.

Sessions Two and Three follow upon the Bureau of Consumer

Protection's June 1996 public workshop on Consumer Privacy on the

Global Information Infrastructure (``June 1996 Workshop''), which was

held to provide an opportunity for public dialogue on the complex

privacy issues posed by the emerging online marketplace. Sessions Two

and Three are intended to update the Commission on the current status

of the collection, compilation, sale, and use of personal information

online, and on self-regulatory efforts and technological developments

since June 1996. Session Two will address recent developments in the

collection, compilation, sale, and use of personal information online

generally, including self-regulatory efforts, technological

innovations, and unsolicited commercial e-mail. Session Three will

address the same developments as they pertain to children's personal

information.

Interested parties who wish to apply for participation in Session

Two must file a written comment addressing one or more of the questions

listed below under the heading ``Session Two: Consumer Online

Privacy.'' Interested parties who wish to apply for participation in

Session Three must file a written comment addressing one or more of the

questions listed below under the heading ``Session Three: Children's

Online Privacy.'' However, Commission staff will consider comments of

all persons, including non-participants in Session Two or Session

Three, in determining what further Commission action, if any, it will

recommend in the area of online privacy protections.

DATES: Written comments and notifications of interest in participating

in the workshop must be submitted on or before April 15, 1997. Parties

may apply to participate in more than one workshop session.

Notifications of interest must specify the session(s) in which

participation is sought. Requesters will be notified as soon as

possible after May 15, 1997, if they have been selected to participate.

The workshop will be held on June 10-13, 1997 in Room 432 of the

Commission's headquarters building, Sixth Street & Pennsylvania Avenue,

N.W., Washington, D.C. 20580. The tentative

[[Page 10272]]

schedule for workshop sessions is as follows: Session One--June 10,

1997 (9:00 am--5:00 pm); Session Two--June 11, 1997 (9:00 am--5:00 pm)

and June 12, 1997 (9:00 am--noon); Session Three--June 12, 1997 (1:30--

5:00 pm) and June 13, 1997 (9:00 am--5:00 pm).

ADDRESSES: Six paper copies of each written comment and each request to

participate in the workshop should be submitted to: Secretary, Federal

Trade Commission, Room H-159, Sixth Street & Pennsylvania Ave., N.W.,

Washington, D.C., 20580. Comments for Session One should be captioned

``Data Base Study--Comment, P974806.'' Requests to participate in

Session One should be identified as ``Data Base Workshop--Request to

Participate, P974806.'' Comments for Sessions Two and Three should be

captioned as ``Consumer Privacy 1997--Comment, P954807.'' Requests to

participate in Sessions Two and Three should be identified as

``Consumer Privacy 1997--Request to Participate, P954807.''

To enable prompt and efficient review and dissemination of the

comments to the public, 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 to be

accepted.) Individuals filing comments in electronic form need submit

only one computer disk.

FOR FURTHER INFORMATION CONTACT: For questions concerning Session One:

Steven Silverman, Attorney, Division of Credit Practices, Bureau of

Consumer Protection, Federal Trade Commission, Sixth Street &

Pennsylvania Avenue, N.W., Washington, D.C. 20580, telephone 202-326-

2460. For questions concerning Session Two: Martha Landesberg,

Attorney, Division of Credit Practices, Federal Trade Commission, Sixth

Street & Pennsylvania Avenue, N.W., Washington, D.C. 20580, telephone

202-326-2825. For questions concerning Session Three: Toby Milgrom

Levin, Attorney, Division of Advertising Practices, Federal Trade

Commission, Sixth Street & Pennsylvania Avenue, N.W., Washington, D.C.

20580, telephone 202-326-3156.

To obtain a copy of the Commission Staff Report Consumer Privacy on

the Global Information Infrastructure (1996), contact the Commission's

Public Reference Section, Room H-130, 6th Street and Pennsylvania

Avenue, N.W., Washington, D.C. 20580, (202) 326-2222, or visit the

Commission's home page at http://www.ftc.gov for instructions on

obtaining an electronic copy.

SUPPLEMENTARY INFORMATION:

Session One: Computerized Data Bases Containing Sensitive Consumer

Identifying Information

Background

In light of widespread concern and Congressional interest, the

Commission has determined to conduct a study of the collection,

compilation, sale, and use of computerized data bases that contain what

consumers may perceive to be sensitive identifying information, often

referred to as ``look-up services.'' Examples of such sensitive

identifying information may include some or all of the following:

social security numbers, mothers' maiden names, prior addresses, and

dates of birth. Some data bases provide significantly more information,

such as information about physical characteristics, property holdings,

and the subject individual's family members and neighbors. Session One

is intended to gather information as part of this study.

The study will assess the types of information that consumers

perceive to be sensitive, as well as their level of concern regarding

the maintenance of and access to such information. In addition, the

study will evaluate the risks associated with the lawful and unlawful

use of data bases containing sensitive identifying information, and the

benefits offered by such data bases. Finally, the data base study will

explore consumers' privacy concerns regarding the collection, sale and

use of their identifying information. The study will not address data

bases used primarily for direct marketing purposes; medical and student

records; or the use of consumer credit reports for employment purposes.

The study will culminate in a report to Congress.

Invitation To Comment

Interested parties are requested to submit written comments on any

issue of fact, law or policy that may inform the Commission's study of

the collection, compilation, sale, and use of computerized data bases

that provide sensitive consumer identifying information, often referred

to as ``look-up services.'' Please provide copies of any studies,

surveys, research, or other empirical data referenced in responses. The

Commission seeks comment on the following questions:

Information Collection and Use

1.1 What is the number and the identity of such data bases?

1.2 What information is contained in the data bases? Please

provide specific examples.

1.3 What is the source of the information in the data bases?

1.4 What information is currently used to identify individuals?

What types of information might be used to identify individuals in the

future?

1.5 Do the data bases contain identifying information that

consumers regard as sensitive? What identifying information is

considered to be sensitive? Why is such information regarded as

sensitive? Please provide specific examples.

1.6 Do the data bases contain identifying information that

consumers regard as non-sensitive? What identifying information is

considered to be non-sensitive? Why is such information regarded as

non-sensitive? Please provide specific examples.

1.7 Who has access to the information in the data bases?

1.8 How is the information in the data bases accessed? What are

the charges for accessing the information?

1.9 What are the uses of the information in the data bases? Are

there beneficial uses of the information in these data bases? If so,

please describe. Are there risks associated with the compilation, sale,

and use of this information? If so, please describe.

1.10 Do these data bases create an undue potential for theft of

consumers' credit identities? How is such potential for theft created?

Please provide specific examples. What is the extent to which these

data bases (as opposed to other means) contribute to consumer identity

theft? Is this likely to change in the future? If so, please describe.

1.11 How do the risks of the collection, compilation, sale, and

use of this information compare with the benefits?

1.12 Are there means that are currently available to address the

risks, if any, posed by these data bases? If so, please describe.

1.13 What means might be considered in the future to address any

risks posed by these data bases? What impact will potential solutions

have on the beneficial uses of these data bases?

1.14 What are consumers' perceptions of (1) the benefits and risks

associated with the collection, compilation, sale, and use of this

information and (2) appropriate uses of such information?

1.15 Are consumers' privacy interests implicated by the

collection,

[[Page 10273]]

compilation, sale, and use of information from these data bases? If so,

please describe. Are other legal interests implicated? If so, please

describe.

1.16 Are there means to address any privacy or other legal

interests implicated by the collection, compilation, sale, and use of

information from these data bases? If so, please describe.

1.17 How should the benefits of the collection, compilation, sale,

and use of information from these data bases be balanced against

privacy or other legal interests implicated by such practices? Are

there other ways to obtain these benefits without implicating privacy

or other legal interests? If so, please describe.

1.18 Is the ultimate use of the information disclosed to the

subject individuals? At what point in time is the use of the

information disclosed? What is the content of such disclosures? Is

there any information that should be added to these disclosures? If so,

please describe.

1.19 Do data base operators permit consumers to choose whether and

how their personal identifying information will be collected and used?

If so, please describe the choices provided to consumers.

1.20 Is there an effective mechanism for an individual to remove

his or her name from a data base or otherwise control the use of their

personal identifying information? If so, please describe.

1.21 Do subject individuals have access to their data and the

ability to correct errors? If so, please describe.

1.22 Have data base operators instituted procedures to maintain

the security of identifying information that they collect? What is the

nature of such procedures? Are the procedures adequate? Please provide

specific examples.

1.23 Are there additional procedures that are used or available

to assure the accuracy of the data and to limit use of the data to its

intended purpose? What is the nature of such procedures? Are the

procedures adequate? Please provide specific examples.

1.24 Is the collection, compilation, sale, and use of this

information subject to any federal laws or regulations? If so, please

describe.

1.25 Is the collection, compilation, sale, and use of this

information subject to any state laws or regulations? If so, please

describe.

1.26 Should the collection, compilation, sale, and use of

information from these data bases be subject to additional regulations

or laws? If so, what regulatory or legal requirements are appropriate?

Self-Regulation

1.27 Have data base operators undertaken self-regulatory efforts

to address concerns raised by the collection, compilation, sale, and

use of sensitive consumer identifying information?

1.28 What is the content of principles, recommendations, or

guidelines that have emerged? To the extent that industry associations

have developed principles, recommendations, or guidelines, are they

permissive or mandatory for association members? What sanctions are

imposed for non-compliance? How many association members have

implemented them? Please provide case studies, member surveys, or other

quantitative data wherever possible.

1.29 Have such principles, recommendations or guidelines been

effective in addressing concerns associated with the collection,

compilation, sale, and use of sensitive consumer identifying

information? How can the effectiveness of self-regulation in this area

best be measured?

Technological Developments

1.30 Has technology evolved that could address concerns raised by

the collection, compilation, sale, and use of sensitive consumer

identifying information? Please describe any such developments.

1.31 What are the costs and benefits of employing such technology?

1.32 What are consumers' perceptions, knowledge and expectations

regarding the risks and benefits of using such technology?

Consumer and Business Education

1.33 What efforts are underway to educate consumers about data

bases containing sensitive consumer identifying information?

1.34 What are or should be the principle messages of such efforts?

1.35 How can education efforts best be implemented?

Workshop Sessions Two and Three

Background

The June 1996 Workshop identified key issues raised by information

practices of commercial sites on the World Wide Web (the ``Web''),

privacy concerns raised by those practices, and interactive

technology's potential for addressing information privacy online.

Participants in the June 1996 Workshop discussed a wide array of

subjects, including the collection and use of personal information

online; the necessary elements of self-regulatory efforts to enhance

consumer privacy online; developments in interactive technology that

could enhance online information privacy; consumer and business

education efforts; the role of government in protecting online

information privacy; and the special issues raised by the online

collection and use of information from and about children. On January

6, 1997, the Commission published the staff report Consumer Privacy on

the Global Information Infrastructure (1996), which summarized the

workshop testimony. The report recommended that the Commission hold a

follow-up workshop.

Unlike the June 1996 Workshop, which was convened primarily to

provide a forum for the expression of views on online privacy issues,

Workshop Sessions Two and Three are designed to collect empirical data

relevant to those issues. Specifically, staff now seeks written

commentary to document developments in four areas: (1) Web sites'

current actual practices in the collection, compilation, sale, and use

of consumers' personal information; (2) current implementation of self-

regulatory efforts to address online privacy, including industry

proposals presented at the June 1996 Workshop; (3) current design and

implementation of technologies intended to enhance online information

privacy; and (4) unsolicited commercial e-mail. Interested parties are

requested to submit written comments on any issue of fact, law or

policy that may inform the Commission on these subjects.

Session Two: Consumer Online Privacy

Invitation To Comment

To supplement and update the record developed at the June 1996

Workshop, the Commission seeks new evidence and additional comment on

the following questions, a number of which were discussed generally at

that Workshop. Responses should provide specific examples, models, case

studies, surveys or other research, and quantitative and empirical data

wherever possible. Please provide copies of any studies, surveys,

research, or other empirical data referenced in responses.

Information Collection and Use

2.1 What kinds of personal information are collected by commercial

Web sites from users who visit those sites and how is such information

subsequently used? Among other things, is clickstream data being

collected and

[[Page 10274]]

tied to personally identifying information?

2.2 To what extent is the collection, compilation, sale or use of

personally identifying, as opposed to aggregate, personal information

important for marketing online and for market research? What privacy

concerns, if any, are raised by the collection or use of aggregate

personal information in this context?

2.3 What are the risks, costs, and benefits of collection,

compilation, sale, and use of personal consumer information in this

context?

2.4 What surveys, other research, or quantitative or empirical

data exist about consumers perceptions, knowledge and expectations

regarding (1) whether their personal information is being or should be

collected by Web site operators and the extent of such collection; (2)

the benefits and risks associated with the collection and subsequent

use of this information; (3) appropriate uses of such information; and

(4) whether certain categories of information should never be collected

or disclosed to others?

2.5 How many commercial Web sites collect, compile, sell or use

personal information? Of these, how many give consumers notice of their

practices regarding the collection and subsequent use of personal

information? With respect to these Web sites, describe (1) how and when

such notice is given, (2) the content of such notice, and (3) the costs

and benefits, for both consumers and commercial Web sites, of providing

such notice.

2.6 Of the commercial Web sites that collect, compile, sell or use

personal information, how many provide consumers choice with respect to

whether and how their personal information is to be collected and

subsequently used by those sites? With respect to such Web sites,

describe (1) what choices are provided to consumers and how such

choices are exercised; and (2) the costs and benefits, for both

consumers and commercial Web sites, of providing such choices.

2.7 Of the commercial Web sites that collect, compile, sell or use

personal information, how many provide consumers access to, and an

opportunity to review and correct, personal information about them that

is collected and retained by those sites?

2.8 Of the commercial Web sites that collect, compile, sell or use

personal information, how many have procedures to maintain the security

of personal information collected from consumers online, and what are

those procedures?

Self-Regulation

2.9 What industry principles, recommendations or guidelines have

emerged since the June 1996 Workshop? Please discuss whether they are

permissive or mandatory, whether they include sanctions for non-

compliance, and the extent to which they have been implemented within

the industry.

2.10 What steps have individual commercial Web sites taken since

June 1996 to address online privacy issues? How many have employed the

procedures for notice and choice set forth in the Joint Statement on

Online Notice and Opt-Out presented at the June 1996 Workshop by the

Direct Marketing Association and the Interactive Services Association?

2.11 How many online services have implemented the procedures set

forth in the Interactive Services Association's Guidelines for Online

Services: The Renting of Subscriber Mailing Lists submitted for

inclusion in the June 1996 Workshop record?

2.12 How many marketers have implemented the provisions of the

Coalition for Advertising Supported Information and Entertainment's

(CASIE) Goals for Privacy in Marketing on Interactive Media presented

at the June 1996 Workshop?

2.13 What privacy concerns, if any, are not adequately addressed

by existing guidelines?

Technological Developments

2.14 Has interactive technology evolved since June 1996 in ways

that could address online privacy issues? To what extent is it

currently available and being used by consumers and commercial Web

sites?

2.15 What are the risks and benefits, to both consumers and

commercial Web sites, of employing such technology? What are consumers'

perceptions about the risks and benefits of using such technology to

address online privacy issues?

Unsolicited Commercial E-mail

2.16 How widespread is the practice of sending unsolicited

commercial e-mail? Are privacy or other consumer interests implicated

by this practice? What are the sources of e-mail addresses used for

this purpose?

2.17 What are the risks and benefits, to both consumers and

commercial entities, of unsolicited commercial e-mail? What are

consumers' perceptions, knowledge, and expectations regarding the risks

and benefits of unsolicited commercial e-mail?

2.18 What costs does unsolicited commercial e-mail impose on

consumers or others? Are there available means of avoiding or limiting

such costs? If so, what are they?

2.19 Are there technological developments that might serve the

interests of consumers who prefer not to receive unsolicited commercial

e-mail? If so, please describe.

2.20 How many commercial entities have implemented the Principles

for Unsolicited Marketing E-mail presented at the June 1996 Workshop by

the Direct Marketing Association and the Interactive Services

Association?

Documents referenced in the above questions may be found in

Appendix C to the Commission staff report Consumer Privacy on the

Global Information Infrastructure (1996).

Session Three: Children's Online Privacy

Invitation To Comment

The June 1996 Workshop identified key issues raised by information

practices of commercial Web sites that are directed to children

(``children's commercial Web sites''), privacy concerns raised by those

practices, and interactive technology's potential for addressing

children's information privacy online. To supplement and update the

record developed at the June 1996 Workshop, the Commission seeks new

evidence and additional comment on the following questions, a number of

which were discussed generally at that Workshop. Responses should

provide specific examples, models, case studies, surveys or other

research, and quantitative and empirical data wherever possible. Please

provide copies of any studies, surveys, research, or other empirical

data referenced in responses.

Information Collection and Use

3.1 What kinds of personal information are collected by children's

commercial Web sites from children who visit those sites and how is

such information subsequently used? Among other things, is clickstream

data being collected and tied to personally identifying information

about children; is information being collected from children to create

lists for sending unsolicited e-mail?

3.2 To what extent is the collection, compilation, sale or use of

personally identifying, as opposed to aggregate, children's personal

information important for marketing online or for marketing research?

What privacy concerns, if any, are raised by the collection or use of

aggregate children's personal information in this context?

3.3 What are the risks, costs and benefits of the collection,

compilation,

[[Page 10275]]

sale, and use of children's information in this context?

3.4 What surveys, other research, or quantitative or empirical

data exist about parents' perceptions, knowledge and expectations

regarding (1) whether their children's personal information is being or

should be collected by Web site operators and the extent of such

collection; (2) the benefits and risks associated with the collection

and subsequent use of such information; (3) appropriate uses of such

information; and (4) whether certain categories of children's

information should never be collected or disclosed to others?

3.5 How many children's commercial Web sites collect, compile,

sell or use children's personal information? Of these, how many give

parents notice of their practices regarding the collection and

subsequent use of personal information? With respect to these Web

sites, describe (1) how and when such notice is given; (2) the content

of such notice; and (3) the costs and benefits, for both parents and

children's commercial Web sites, of providing such notice.

3.6 Of the children's commercial Web sites that collect, compile,

sell or use children's personal information, how many provide parents

choice with respect to whether and how their children's personal

information is collected and subsequently used by those sites? With

respect to such Web sites, describe: (1) what choices are provided to

parents and how such choices are exercised; and (2) the costs and

benefits, for both parents and children's commercial Web sites, of

providing such choices.

3.7 Of the children's commercial Web sites that collect, compile,

sell or use children's personal information, how many provide parents

access to, and an opportunity to review and correct, personal

information about their children that is collected and retained by

those sites?

3.8 Of the children's commercial Web sites that collect, compile,

sell or use children's personal information, how many have procedures

to maintain the security of personal information collected from

children online, and what are those procedures?

3.9 Do children's information practices in the online context

differ from those implemented in other contexts? If so, describe the

differences. Do the risks, costs, and benefits of these practices

differ depending on the context? If so, describe the differences.

3.10 Do schools, libraries, and other settings in which children

may have access to the Web, have a role to play in protecting

children's privacy? What role do they currently play, and what role

could they play in the future?

Self-Regulation

3.11 What industry principles, recommendations or guidelines have

emerged since the June 1996 Workshop? Please discuss whether they are

permissive or mandatory, whether they include sanctions for non-

compliance, and the extent to which they have been implemented within

the industry.

3.12 What steps have children's commercial Web site operators

taken since June 1996 to address children's online privacy issues? To

what extent have they adopted the principles outlined in the following

documents submitted at the June 1996 Workshop: (1) the Joint Statement

on Children's Marketing Issues presented by the Direct Marketing

Association and Interactive Services Association; (2) Self-Regulation

Proposal for the Children's Internet Industry presented by Ingenius,

Yahoo and Internet Profiles Corporation; and (3) Proposed Guidelines

presented by the Center for Media Education and Consumer Federation of

America?

3.13 What privacy concerns, if any, are not adequately addressed

by existing guidelines?

Technological Developments

3.14 Has interactive technology evolved since June 1996 in ways

that could address children's online privacy issues? To what extent is

it (a) readily available; (b) currently in use; (c) easy to use; and

(d) effective in preventing children from disclosing personally

identifiable information?

3.15 What are the costs and benefits, to both parents and

children's commercial Web sites, of employing such technology? What are

parents'' perceptions, knowledge and expectations of the risks and

benefits of using such technology?

Unsolicited Commercial E-mail

3.16 How widespread is the practice of sending children

unsolicited commercial e-mail? Are privacy or other consumer interests

implicated by this practice? What are the sources of e-mail addresses

used for this purpose?

3.17 What are the risks and benefits, to children, parents and

commercial entities, of unsolicited e-mail directed to children? What

are parents' perceptions, knowledge and expectations of the risks and

benefits?

3.18 What costs does unsolicited commercial e-mail directed to

children impose on children, parents, or others? Are there available

means of avoiding or limiting such costs? If so, what are they?

3.19 Are there technological developments that might serve the

interests of parents who prefer that their children not receive

unsolicited commercial e-mail?

3.20 How many children's commercial Web sites have implemented the

Principles for Unsolicited Marketing E-mail presented at the June 1996

Workshop by the Direct Marketing Association and the Interactive

Services Association?

Documents referenced in the above questions may be found in

Appendix C to the Commission staff report Consumer Privacy on the

Global Information Infrastructure (1996).

Form and Availability of Comments

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.

Written comments will be available for public inspection in

accordance with the Freedom of Information Act, 5 U.S.C. 552, and

Commission regulations, 16 C.F.R. Part 4.9, on normal business days

between the hours of 8:30 a.m. and 5:00 p.m. at the Public Reference

Room 130, Federal Trade Commission, Sixth Street & Pennsylvania Avenue,

N.W., Washington, D.C. 20580. The Commission 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 address: http://www.ftc.gov. The Commission cannot currently

receive comments responding to this notice over the Internet.

Workshop Sessions

The workshop will be held on June 10-13, 1997 in Room 432 of the

Commission's headquarters building, Sixth Street & Pennsylvania Avenue,

N.W., Washington, D.C. 20580. The tentative schedule for workshop

sessions is as follows: Session One--June 10, 1997 (9:00 am-5:00 pm);

Session Two--June 11, 1997 (9:00 am-5:00 pm) and June 12, 1997 (9:00

am-noon); Session Three--June 12, 1997 (1:30-5:00 pm) and June 13, 1997

(9:00 am-5:00 pm). Those parties who wish to participate in the

workshop must file written comments and notify the Commission's

Secretary, in writing, of their interest in participating in Sessions

One, Two, and/or Three on or before April 15, 1997. Parties may

participate in more than one workshop session; notifications of

interest must specify the session(s) in which

[[Page 10276]]

participation is sought. All workshop sessions are open to the public.

The purpose of the workshop will not be to achieve a consensus of

opinion among participants, or between participants and Commission

staff, with respect to any issue raised in Sessions One, Two, or Three.

The purpose of Session One will be to explore the issues raised by the

Commission's study and discussed in the comments responding to this

notice. The Commission will consider the views and suggestions made

during Session One, as well as any written comments, as part of its

study.

The purpose of Sessions Two and Three will be to update the

Commission on the current collection and use of personal information

online, and on self-regulatory efforts and technological developments

since June 1996. Commission staff will consider the views and

suggestions made during these sessions, as well as any written

comments, in determining what further Commission action, if any, it

will recommend in the area of online privacy protections.

If the number of parties who request to participate in Session One,

Two, or Three is so large that including all requesters would inhibit

effective discussion among the participants, then Commission staff will

select a limited number of parties, from among those who submit written

comments, to represent the significant interests affected by the study.

These parties will participate in an open discussion of the issues. It

is contemplated that the selected parties will ask and answer questions

based on their respective comments, including questions posed by

Commission staff. The discussion will be transcribed and the

transcription placed on the public record.

To the extent possible, Commission staff will select parties to

represent the following affected interests. For Session One: data base

operators and their customers; suppliers of data to data bases;

federal, state and local law enforcement and regulatory authorities;

consumer and privacy advocacy groups; and any other interests that

Commission staff may identify and deem appropriate for representation.

For Sessions Two and Three: consumer and privacy advocacy groups;

industry groups, online service providers, Web site owners; online

marketers; consumers who are active on the World Wide Web; interactive

technology developers; and any other interests that Commission staff

may identify and deem appropriate for representation.

Parties to represent the above-referenced interests will be

selected on the basis of the following criteria:

1. The party submits a written comment (in the prescribed form) for

one or more sessions and notifies Commission staff of its interest in

participating in those sessions on or before April 15, 1997.

2. The party's participation would promote a balance of interests

being represented at the conference.

3. The party's participation would promote the consideration and

discussion of a variety of issues raised by the study.

4. The party has expertise in or knowledge of the issues that are

the focus of the study.

5. 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.

6. 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).

7. The number of parties selected will not be so large as to

inhibit effective discussion among them.

If it is necessary to limit the number of participants, those not

selected to participate, but who submit both written comments and

requests to participate, may be afforded an opportunity at the end of

the session 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.

Requesters will be notified as soon as possible after May 15, 1997,

if they have been selected to participate in workshop sessions. To

assist Commission staff in making this notification, parties are asked

to include in their request to participate a telephone number and

facsimile number if available.

Authority: 15 U.S.C. 41 et seq.

By direction of the Commission.

Donald S. Clark,

Secretary.

[FR Doc. 97-5562 Filed 3-5-97; 8:45 am]

BILLING CODE 6750-01-P