81 FR 7342 - General Workings Inc. (Also Doing Business as Vulcun); Analysis of Proposed Consent Order To Aid Public Comment

FEDERAL TRADE COMMISSION

Federal Register Volume 81, Issue 28 (February 11, 2016)

Page Range		7342-7343
FR Document		2016-02769

The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent order--embodied in the consent agreement--that would settle these allegations.

Federal Register, Volume 81 Issue 28 (Thursday, February 11, 2016)

[Federal Register Volume 81, Number 28 (Thursday, February 11, 2016)]
[Notices]
[Pages 7342-7343]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-02769]

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FEDERAL TRADE COMMISSION

[File No. 152 3159]

General Workings Inc. (Also Doing Business as Vulcun); Analysis
of Proposed Consent Order To Aid Public Comment

AGENCY: Federal Trade Commission.

ACTION: Proposed consent agreement.

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SUMMARY: The consent agreement in this matter settles alleged
violations of federal law prohibiting unfair or deceptive acts or
practices. The attached Analysis to Aid Public Comment describes both
the allegations in the draft complaint and the terms of the consent
order--embodied in the consent agreement--that would settle these
allegations.

DATES: Comments must be received on or before March 8, 2016.

ADDRESSES: Interested parties may file a comment at https://ftcpublic.commentworks.com/ftc/vulcunconsent online or on paper, by
following the instructions in the Request for Comment part of the
SUPPLEMENTARY INFORMATION section below. Write ``General Workings Inc.
also doing business as Vulcun--Consent Agreement; File No. 152-3159''
on your comment and file your comment online at https://ftcpublic.commentworks.com/ftc/vulcunconsent by following the
instructions on the web-based form. If you prefer to file your comment
on paper, write ``General Workings Inc. also doing business as Vulcun--
Consent Agreement; File No. 152-3159'' on your comment and on the
envelope, and mail your comment to the following address: Federal Trade
Commission, Office of the Secretary, 600 Pennsylvania Avenue NW., Suite
CC-5610 (Annex D), Washington, DC 20580, or deliver your comment to the
following address: Federal Trade Commission, Office of the Secretary,
Constitution Center, 400 7th Street SW., 5th Floor, Suite 5610 (Annex
D), Washington, DC 20024.

FOR FURTHER INFORMATION CONTACT: Jacob Snow (415) 848-5175 or Alexander
Reicher (415) 848-5198, FTC Western Region, San Francisco, 901 Market
Street, Suite 570, San Francisco, CA 94103.

SUPPLEMENTARY INFORMATION: Pursuant to Section 6(f) of the Federal
Trade Commission Act, 15 U.S.C. 46(f), and FTC Rule 2.34, 16 CFR 2.34,
notice is hereby given that the above-captioned consent agreement
containing consent order to cease and desist, having been filed with
and accepted, subject to final approval, by the Commission, has been
placed on the public record for a period of thirty (30) days. The
following Analysis to Aid Public Comment describes the terms of the
consent agreement, and the allegations in the complaint. An electronic
copy of the full text of the consent agreement package can be obtained
from the FTC Home Page (for February 5, 2016), on the World Wide Web
at: http://www.ftc.gov/os/actions.shtm.
You can file a comment online or on paper. For the Commission to
consider your comment, we must receive it on or before March 8, 2016.
Write ``General Workings Inc. also doing business as Vulcun--Consent
Agreement; File No. 152-3159'' on your comment. Your comment--including
your name and your state--will be placed on the public record of this
proceeding, including, to the extent practicable, on the public
Commission Web site, at http://www.ftc.gov/os/publiccomments.shtm. As a
matter of discretion, the Commission tries to remove individuals' home
contact information from comments before placing them on the Commission
Web site.
Because your comment will be made public, you are solely
responsible for making sure that your comment does not include any
sensitive personal information, like anyone's Social Security number,
date of birth, driver's license number or other state identification
number or foreign country equivalent, passport number, financial
account number, or credit or debit card number. You are also solely
responsible for making sure that your comment does not include any
sensitive health information, like medical records or other
individually identifiable health information. In addition, do not
include any ``[t]rade secret or any commercial or financial information
which . . . is privileged or confidential,'' as discussed in Section
6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 CFR
4.10(a)(2). In particular, do not include competitively sensitive
information such as costs, sales statistics, inventories, formulas,
patterns, devices, manufacturing processes, or customer names.
If you want the Commission to give your comment confidential
treatment, you must file it in paper form, with a request for
confidential treatment, and you have to follow the procedure explained
in FTC Rule 4.9(c), 16 CFR 4.9(c).\1\ Your comment will be kept
confidential only if the FTC General Counsel, in his or her sole
discretion, grants your request in accordance with the law and the
public interest.
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\1\ In particular, the written request for confidential
treatment that accompanies the comment must include the factual and
legal basis for the request, and must identify the specific portions
of the comment to be withheld from the public record. See FTC Rule
4.9(c), 16 CFR 4.9(c).
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Postal mail addressed to the Commission is subject to delay due to
heightened security screening. As a result, we encourage you to submit
your comments online. To make sure that the Commission considers your
online comment, you must file it at https://ftcpublic.commentworks.com/ftc/vulcunconsent by following the instructions on the web-based form.
If this Notice appears at http://www.regulations.gov/#!home, you also
may file a comment through that Web site.
If you file your comment on paper, write ``General Workings Inc.
also doing business as Vulcun--Consent Agreement; File No. 152-3159''
on your comment and on the envelope, and mail your comment to the
following address: Federal Trade Commission, Office of the Secretary,
600 Pennsylvania Avenue

[[Page 7343]]

NW., Suite CC-5610 (Annex D), Washington, DC 20580, or deliver your
comment to the following address: Federal Trade Commission, Office of
the Secretary, Constitution Center, 400 7th Street SW., 5th Floor,
Suite 5610 (Annex D), Washington, DC 20024. If possible, submit your
paper comment to the Commission by courier or overnight service.
Visit the Commission Web site at http://www.ftc.gov to read this
Notice and the news release describing it. The FTC Act and other laws
that the Commission administers permit the collection of public
comments to consider and use in this proceeding as appropriate. The
Commission will consider all timely and responsive public comments that
it receives on or before March 8, 2016. You can find more information,
including routine uses permitted by the Privacy Act, in the
Commission's privacy policy, at http://www.ftc.gov/ftc/privacy.htm.

Analysis of Proposed Consent Order To Aid Public Comment

The Federal Trade Commission (``FTC'' or ``Commission'') has
accepted, subject to final approval, an agreement containing consent
order from General Workings Inc., Ali Moiz, and Murtaza Hussain
(collectively ``Respondents'').
The proposed consent order has been placed on the public record for
thirty (30) days for receipt of comments by interested persons.
Comments received during this period will become part of the public
record. After thirty (30) days, the Commission will again review the
agreement and the comments received, and will decide whether it should
withdraw from the agreement and take appropriate action or make final
the agreement's proposed order.
Respondent General Workings Inc., also doing business as Vulcun, is
a Delaware corporation with its principal office or place of business
in San Francisco, California. Respondents Ali Moiz and Murtaza Hussain
are founders and officers of Vulcun. The Commission's complaint alleges
that Respondents installed software, including Chrome browser
extensions and mobile apps, onto users' desktops and mobile devices
without adequately disclosing to users that the software would be
installed. Google offers a web browser, Chrome, as a free download for
desktop computer and mobile operating systems. The desktop-computer
version of Chrome allows users to install ``browser extensions,'' which
are software programs that can modify and extend Chrome's
functionality. Respondents' conduct had two parts. First, Respondents
acquired a popular browser-based game called Running Fred and replaced
it entirely with their own software program, called Weekly Android
Apps, on users' desktops. Users of Running Fred were not informed that
the game had been replaced. Second, Weekly Android Apps contained code
that would install, again without adequate disclosure to users, apps on
user's mobile devices.
The proposed consent order contains provisions designed to prevent
Respondents from engaging in similar acts or practices in the future.
Part I of the proposed order prohibits Respondents from
misrepresenting certain aspects of any browser extension, Web site, web
service, mobile app, or any other product or service they offer or
operate. Specifically, Respondents are prohibited from misrepresenting:
The existence of certain endorsements; the nature of their products and
services; the installation, download, usage, review, or endorsement
statistics associated with their products and services; the press
coverage of their products and services; their information collection,
usage, disclosure, and sharing practices; the extent of user control
over information about individual consumers; the purpose of collecting,
using, disclosing, or sharing information about individual consumers;
and the extent to which Respondents protect the privacy,
confidentiality, security, and integrity of information collected from
or about consumers.
Part II of the proposed order requires Respondents to clearly and
conspicuously disclose the types of information their products and
services will access, how that information will be used, and the nature
of any changes to Respondents' products and services. The order also
requires Respondents to display built-in permission notices or
approvals, and to obtain consumer's express affirmative consent prior
to installation or material changes of any product or service.
Part III of the proposed order requires Respondents to delete
certain information collected about individual consumers within ten
days of entry of the order.
Part IV of the proposed order contains recordkeeping requirements
for advertisements and substantiation relevant to representations
covered by Parts I through III of the order.
Parts V, VI, VII, and VIII of the proposed order require
Respondents to: Deliver a copy of the order to certain personnel who
have responsibilities with respect to the subject matter of the order;
notify the Commission of changes in corporate structure that might
affect compliance obligations under the order; notify the Commission of
changes in the employment of Respondents Moiz and Hussain; and file
compliance reports with the Commission.
Part IX of the proposed order provides that the order will
terminate after twenty (20) years, with certain exceptions.
The purpose of this analysis is to facilitate public comment on the
proposed order, and it is not intended to constitute an official
interpretation of the complaint or proposed order, or to modify the
proposed order's terms in any way.

By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2016-02769 Filed 2-10-16; 8:45 am]
BILLING CODE 6750-01-P

Federal Register / Vol. 81, No. 28 / Thursday, February 11, 2016 / Notices 7343

NW., Suite CC–5610 (Annex D), browser-based game called Running compliance obligations under the order;
Washington, DC 20580, or deliver your Fred and replaced it entirely with their notify the Commission of changes in the
comment to the following address: own software program, called Weekly employment of Respondents Moiz and
Federal Trade Commission, Office of the Android Apps, on users’ desktops. Users Hussain; and file compliance reports
Secretary, Constitution Center, 400 7th of Running Fred were not informed that with the Commission.
Street SW., 5th Floor, Suite 5610 the game had been replaced. Second, Part IX of the proposed order provides
(Annex D), Washington, DC 20024. If Weekly Android Apps contained code that the order will terminate after
possible, submit your paper comment to that would install, again without twenty (20) years, with certain
the Commission by courier or overnight adequate disclosure to users, apps on exceptions.
service. user’s mobile devices. The purpose of this analysis is to
Visit the Commission Web site at The proposed consent order contains facilitate public comment on the
http://www.ftc.gov to read this Notice provisions designed to prevent proposed order, and it is not intended
and the news release describing it. The Respondents from engaging in similar to constitute an official interpretation of
FTC Act and other laws that the acts or practices in the future. the complaint or proposed order, or to
Commission administers permit the Part I of the proposed order prohibits modify the proposed order’s terms in
collection of public comments to Respondents from misrepresenting any way.
consider and use in this proceeding as certain aspects of any browser
By direction of the Commission.
appropriate. The Commission will extension, Web site, web service, mobile
app, or any other product or service Donald S. Clark,
consider all timely and responsive
public comments that it receives on or they offer or operate. Specifically, Secretary.
before March 8, 2016. You can find Respondents are prohibited from [FR Doc. 2016–02769 Filed 2–10–16; 8:45 am]
more information, including routine misrepresenting: The existence of BILLING CODE 6750–01–P
uses permitted by the Privacy Act, in certain endorsements; the nature of their
the Commission’s privacy policy, at products and services; the installation,
http://www.ftc.gov/ftc/privacy.htm. download, usage, review, or DEPARTMENT OF DEFENSE
endorsement statistics associated with
Analysis of Proposed Consent Order To their products and services; the press GENERAL SERVICES
Aid Public Comment coverage of their products and services; ADMINISTRATION
The Federal Trade Commission their information collection, usage,
(‘‘FTC’’ or ‘‘Commission’’) has accepted, disclosure, and sharing practices; the NATIONAL AERONAUTICS AND
subject to final approval, an agreement extent of user control over information SPACE ADMINISTRATION
containing consent order from General about individual consumers; the [OMB Control No. 9000–0129; Docket 2016–
Workings Inc., Ali Moiz, and Murtaza purpose of collecting, using, disclosing, 0053; Sequence 8]
Hussain (collectively ‘‘Respondents’’). or sharing information about individual
The proposed consent order has been consumers; and the extent to which Information Collection; Cost
placed on the public record for thirty Respondents protect the privacy, Accounting Standards Administration
(30) days for receipt of comments by confidentiality, security, and integrity of
interested persons. Comments received information collected from or about AGENCY: Department of Defense (DOD),
during this period will become part of consumers. General Services Administration (GSA),
the public record. After thirty (30) days, Part II of the proposed order requires and National Aeronautics and Space
the Commission will again review the Respondents to clearly and Administration (NASA).
agreement and the comments received, conspicuously disclose the types of ACTION: Notice of request for comments
and will decide whether it should information their products and services regarding an extension to an existing
withdraw from the agreement and take will access, how that information will OMB clearance.
appropriate action or make final the be used, and the nature of any changes
agreement’s proposed order. SUMMARY: Under the provisions of the
to Respondents’ products and services.
Respondent General Workings Inc., Paperwork Reduction Act, the
The order also requires Respondents to
also doing business as Vulcun, is a Regulatory Secretariat Division will be
display built-in permission notices or
Delaware corporation with its principal submitting to the Office of Management
approvals, and to obtain consumer’s
office or place of business in San and Budget (OMB) a request to review
express affirmative consent prior to
Francisco, California. Respondents Ali and approve an extension of a
installation or material changes of any
Moiz and Murtaza Hussain are founders previously approved information
product or service.
and officers of Vulcun. The Part III of the proposed order requires collection requirement concerning cost
Commission’s complaint alleges that Respondents to delete certain accounting standards administration.
Respondents installed software, information collected about individual DATES: Submit comments on or before
including Chrome browser extensions consumers within ten days of entry of April 11, 2016.
and mobile apps, onto users’ desktops the order. ADDRESSES: Submit comments
and mobile devices without adequately Part IV of the proposed order contains identified by Information Collection
disclosing to users that the software recordkeeping requirements for 9000–0129, Cost Accounting Standards
would be installed. Google offers a web advertisements and substantiation Administration by any of the following
browser, Chrome, as a free download for relevant to representations covered by methods:
• Regulations.gov: http://
mstockstill on DSK4VPTVN1PROD with NOTICES

desktop computer and mobile operating Parts I through III of the order.
systems. The desktop-computer version Parts V, VI, VII, and VIII of the www.regulations.gov. Submit comments
of Chrome allows users to install proposed order require Respondents to: via the Federal eRulemaking portal by
‘‘browser extensions,’’ which are Deliver a copy of the order to certain searching the OMB control number.
software programs that can modify and personnel who have responsibilities Select the link ‘‘Submit a Comment’’
extend Chrome’s functionality. with respect to the subject matter of the that corresponds with ‘‘Information
Respondents’ conduct had two parts. order; notify the Commission of changes Collection 9000–0129, Cost Accounting
First, Respondents acquired a popular in corporate structure that might affect Standards Administration’’. Follow the

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Document Created: 2016-02-11 00:03:13
Document Modified: 2016-02-11 00:03:13

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Proposed consent agreement.
Dates		Comments must be received on or before March 8, 2016.
Contact		Jacob Snow (415) 848-5175 or Alexander Reicher (415) 848-5198, FTC Western Region, San Francisco, 901 Market Street, Suite 570, San Francisco, CA 94103.
FR Citation		81 FR 7342