82 FR 12105 - Vir2us, Inc.; Analysis of Proposed Consent Order To Aid Public Comment

FEDERAL TRADE COMMISSION

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

Page Range		12105-12107
FR Document		2017-03887
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 12105-12107]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-03887]


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FEDERAL TRADE COMMISSION

[File No. 162 3248]


Vir2us, Inc.; 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

[[Page 12106]]

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/vir2usconsent 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 
Vir2us, Inc., a corporation, File No. 162 3248'' on your comment and 
file your comment online at https://ftcpublic.commentworks.com/ftc/vir2usconsent by following the instructions on the web-based form. If 
you prefer to file your comment on paper, write ``In the Matter of 
Vir2us, Inc., a corporation, File No. 162 3248'' 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 Vir2us, Inc., a corporation, File No. 162 
3248'' 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/vir2usconsent 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 Vir2us, 
Inc., a corporation, File No. 162 3248'' 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 
Vir2us, Inc. (``Vir2us'').
    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 Vir2us 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

[[Page 12107]]

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.
    Vir2us markets cybersecurity software solutions. According to the 
Commission's complaint, Vir2us has set forth in its privacy policy, at 
https://addons.mozilla.org/en-US/firefox/addon/xeropass/?src=cb-dl-updated, privacy policies and statements about its practices, including 
statements related to its participation in the APEC CBPR system.
    The Commission's complaint alleges that Vir2us falsely represented 
that it was a participant in the APEC CBPR system when, in fact, it 
never sought or obtained certification.
    Part I of the proposed order prohibits Vir2us 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 
system.
    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 Vir2us submit an initial compliance report to the FTC. 
Part IV requires Vir2us to retain documents relating to its compliance 
with the order. Part V mandates that Vir2us 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. 2017-03887 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 23:53:51
Document Modified: 2017-02-27 23:53:51
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 12105