82 FR 12104 - Sentinel Labs, Inc., Also Doing Business as SentinelOne and SentinelOne.com; Analysis of Proposed Consent Order To Aid Public Comment

FEDERAL TRADE COMMISSION

Federal Register Volume 82, Issue 38 (February 28, 2017)

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 82, Number 38 (Tuesday, February 28, 2017)]
[Notices]
[Pages 12104-12105]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-03886]


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FEDERAL TRADE COMMISSION

[File No. 162 3250]


Sentinel Labs, Inc., Also Doing Business as SentinelOne and 
SentinelOne.com; 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 24, 2017.

ADDRESSES: Interested parties may file a comment at https://ftcpublic.commentworks.com/ftc/sentinellabsconsent online or on paper, 
by following the instructions in the Request for Comment part of the 
SUPPLEMENTARY INFORMATION section below. Write ``In the Matter of 
Sentinel Labs, Inc., a corporation doing business as SentinelOne and 
SentinelOne.com, File No. 162 3250'' on your comment and file your 
comment online at https://ftcpublic.commentworks.com/ftc/sentinellabsconsent by following the instructions on the web-based 
form. If you prefer to file your comment on paper, write ``In the 
Matter of Sentinel Labs, Inc., a corporation doing business as 
SentinelOne and SentinelOne.com, File No. 162 3250'' 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: Monique Einhorn, Attorney, (202) 326-
2575, Bureau of Consumer Protection, Federal Trade Commission, 600 
Pennsylvania Avenue NW., Washington, DC 20580.

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 22, 2017), 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 24, 2017. 
Write ``In the Matter of Sentinel Labs, Inc., a corporation doing 
business as SentinelOne and SentinelOne.com, File No. 162 3250'' 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.

[[Page 12105]]

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/sentinellabsconsent 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 ``In the Matter of 
Sentinel Labs, Inc., a corporation doing business as SentinelOne and 
SentinelOne.com, File No. 162 3250'' 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. 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 24, 2017. 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, a consent agreement applicable to 
Sentinel Labs, Inc. dba SentinelOne and SentinelOne.com 
(``SentinelOne'').
    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 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.
    This matter concerns alleged false representations that SentinelOne 
made to consumers concerning its participation in the Asia-Pacific 
Economic Cooperation (``APEC'') Cross Border Privacy Rules (``CBPR'') 
system. The APEC CBPR system is a voluntary, enforceable mechanism that 
certifies a company's compliance with the principles in the CBPR and 
facilitates privacy-respecting transfers of data amongst APEC member 
economies. The APEC CBPR system is based on nine data privacy 
principles: Preventing harm, notice, collection limitation, use choice, 
integrity, security safeguards, access and correction, and 
accountability. Companies that seek to participate in the APEC CBPR 
system must undergo a review by an APEC-recognized Accountability 
Agent, which certifies companies that meet the standards.
    Companies under the FTC's jurisdiction are eligible to apply for 
APEC CBPR certification. The names of certified companies are posted on 
a public-facing Web site, www.cbprs.org. Companies must re-apply 
annually in order to retain their status as current participants in the 
APEC CBPR system. A company that falsely claims APEC CBPR participation 
may be subject to an enforcement action based on the FTC's deception 
authority under Section 5 of the FTC Act.
    SentinelOne provides endpoint protection software to enterprise 
customers. According to the Commission's complaint, SentinelOne has set 
forth on its Web site, https://www.sentinelone.com/privacy-policy/, 
privacy policies and statements about its practices, including 
statements related to its participation in the APEC CBPR system.
    The Commission's complaint alleges that SentinelOne falsely 
represented that it was a participant in the APEC CBPR system and a 
TRUSTe privacy program when, in fact, it never sought or obtained 
either certification.
    Part I of the proposed order prohibits SentinelOne from making 
misrepresentations about its participation in any privacy or security 
program sponsored by a government or any self-regulatory or standard-
setting organization, including, but not limited to, the APEC CBPR and 
the TRUSTe privacy programs.
    Parts II through VI of the proposed order are reporting and 
compliance provisions. Part II requires acknowledgment of the order and 
dissemination of the order now and in the future to persons with 
responsibilities relating to the subject matter of the order. Part III 
ensures notification to the FTC of changes in corporate status and 
mandates that SentinelOne submit an initial compliance report to the 
FTC. Part IV requires SentinelOne to retain documents relating to its 
compliance with the order. Part V mandates that SentinelOne make 
available to the FTC information or subsequent compliance reports, as 
requested. Part VI is a provision ``sunsetting'' the order after twenty 
(20) years, with certain exceptions.
    The purpose of this analysis is to facilitate public comment on the 
proposed order. It is not intended to constitute an official 
interpretation of the proposed complaint or order or to modify the 
order's terms in any way.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2017-03886 Filed 2-27-17; 8:45 am]
 BILLING CODE 6750-01-P