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)

Page Range		12104-12105
FR Document		2017-03886

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 Issue 38 (Tuesday, February 28, 2017)

[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

Federal Register / Vol. 82, No. 38 / Tuesday, February 28, 2017 / Notices 12105

46(f), and FTC Rule 4.10(a)(2), 16 CFR uses permitted by the Privacy Act, in related to its participation in the APEC
4.10(a)(2). In particular, do not include the Commission’s privacy policy, at CBPR system.
competitively sensitive information http://www.ftc.gov/ftc/privacy.htm. The Commission’s complaint alleges
such as costs, sales statistics, that SentinelOne falsely represented
Analysis of Proposed Consent Order To
inventories, formulas, patterns, devices, that it was a participant in the APEC
Aid Public Comment
manufacturing processes, or customer CBPR system and a TRUSTe privacy
names. The Federal Trade Commission program when, in fact, it never sought
If you want the Commission to give (‘‘FTC’’ or ‘‘Commission’’) has accepted, or obtained either certification.
your comment confidential treatment, subject to final approval, a consent Part I of the proposed order prohibits
you must file it in paper form, with a agreement applicable to Sentinel Labs, SentinelOne from making
request for confidential treatment, and Inc. dba SentinelOne and misrepresentations about its
you have to follow the procedure SentinelOne.com (‘‘SentinelOne’’). participation in any privacy or security
explained in FTC Rule 4.9(c), 16 CFR The proposed consent order has been program sponsored by a government or
4.9(c).1 Your comment will be kept placed on the public record for thirty any self-regulatory or standard-setting
confidential only if the FTC General (30) days for receipt of comments by organization, including, but not limited
Counsel, in his or her sole discretion, interested persons. Comments received to, the APEC CBPR and the TRUSTe
grants your request in accordance with during this period will become part of privacy programs.
the law and the public interest. the public record. After thirty days, the Parts II through VI of the proposed
Postal mail addressed to the Commission will again review the order are reporting and compliance
Commission is subject to delay due to agreement and the comments received, provisions. Part II requires
heightened security screening. As a and will decide whether it should acknowledgment of the order and
result, we encourage you to submit your withdraw from the agreement and take dissemination of the order now and in
comments online. To make sure that the appropriate action or make final the the future to persons with
Commission considers your online agreement’s proposed order. responsibilities relating to the subject
comment, you must file it at https:// matter of the order. Part III ensures
This matter concerns alleged false
ftcpublic.commentworks.com/ftc/ notification to the FTC of changes in
representations that SentinelOne made
sentinellabsconsent by following the corporate status and mandates that
to consumers concerning its
instructions on the web-based form. If SentinelOne submit an initial
participation in the Asia-Pacific
this Notice appears at http:// compliance report to the FTC. Part IV
Economic Cooperation (‘‘APEC’’) Cross
www.regulations.gov/#!home, you also requires SentinelOne to retain
Border Privacy Rules (‘‘CBPR’’) system.
may file a comment through that Web documents relating to its compliance
The APEC CBPR system is a voluntary,
site. with the order. Part V mandates that
If you file your comment on paper, enforceable mechanism that certifies a
company’s compliance with the SentinelOne make available to the FTC
write ‘‘In the Matter of Sentinel Labs,
principles in the CBPR and facilitates information or subsequent compliance
Inc., a corporation doing business as
privacy-respecting transfers of data reports, as requested. Part VI is a
SentinelOne and SentinelOne.com, File
amongst APEC member economies. The provision ‘‘sunsetting’’ the order after
No. 162 3250’’ on your comment and on
APEC CBPR system is based on nine twenty (20) years, with certain
the envelope, and mail your comment to
data privacy principles: Preventing exceptions.
the following address: Federal Trade
harm, notice, collection limitation, use The purpose of this analysis is to
Commission, Office of the Secretary,
choice, integrity, security safeguards, facilitate public comment on the
600 Pennsylvania Avenue NW., Suite
access and correction, and proposed order. It is not intended to
CC–5610 (Annex D), Washington, DC
accountability. Companies that seek to constitute an official interpretation of
20580, or deliver your comment to the
following address: Federal Trade participate in the APEC CBPR system the proposed complaint or order or to
Commission, Office of the Secretary, must undergo a review by an APEC- modify the order’s terms in any way.
Constitution Center, 400 7th Street SW., recognized Accountability Agent, which By direction of the Commission.
5th Floor, Suite 5610 (Annex D), certifies companies that meet the Donald S. Clark,
Washington, DC 20024. If possible, standards. Secretary.
submit your paper comment to the Companies under the FTC’s [FR Doc. 2017–03886 Filed 2–27–17; 8:45 am]
Commission by courier or overnight jurisdiction are eligible to apply for
BILLING CODE 6750–01–P
service. APEC CBPR certification. The names of
Visit the Commission Web site at certified companies are posted on a
http://www.ftc.gov to read this Notice public-facing Web site, www.cbprs.org. FEDERAL TRADE COMMISSION
and the news release describing it. The Companies must re-apply annually in
FTC Act and other laws that the order to retain their status as current [File No. 162 3248]
Commission administers permit the participants in the APEC CBPR system.
A company that falsely claims APEC Vir2us, Inc.; Analysis of Proposed
collection of public comments to
CBPR participation may be subject to an Consent Order To Aid Public Comment
consider and use in this proceeding as
appropriate. The Commission will enforcement action based on the FTC’s AGENCY: Federal Trade Commission.
consider all timely and responsive deception authority under Section 5 of ACTION: Proposed Consent Agreement.
public comments that it receives on or the FTC Act.
before March 24, 2017. You can find SentinelOne provides endpoint SUMMARY: The consent agreement in this
mstockstill on DSK3G9T082PROD with NOTICES

more information, including routine protection software to enterprise matter settles alleged violations of
customers. According to the federal law prohibiting unfair or
1 In particular, the written request for confidential Commission’s complaint, SentinelOne deceptive acts or practices. The attached
treatment that accompanies the comment must has set forth on its Web site, https:// Analysis to Aid Public Comment
include the factual and legal basis for the request,
and must identify the specific portions of the
www.sentinelone.com/privacy-policy/, describes both the allegations in the
comment to be withheld from the public record. See privacy policies and statements about draft complaint and the terms of the
FTC Rule 4.9(c), 16 CFR 4.9(c). its practices, including statements consent order—embodied in the consent

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Document Created: 2017-02-27 23:53:28
Document Modified: 2017-02-27 23:53:28

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 24, 2017.
Contact		Monique Einhorn, Attorney, (202) 326- 2575, Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue NW., Washington, DC 20580.
FR Citation		82 FR 12104