Federal Register - September 8, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 171 / Wednesday, September 8, 2021 / Notices
600 Pennsylvania Avenue NW, Suite CC5610 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:
Thomas B. Carter 2149799372, Federal Trade Commission, Southwest Regional Office, 199 Bryan Street, Suite 2150, Dallas, TX 75201.
SUPPLEMENTARY INFORMATION: Pursuant to Section 6f of the Federal Trade Commission Act, 15 U.S.C. 46f, and FTC Rule 2.34, 16 CFR 2.34, notice is hereby given that the above-captioned consent agreement containing a 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 at https
www.ftc.gov/news-events/commissionactions.
You can file a comment online or on paper. For the Commission to consider your comment, we must receive it on or before October 8, 2021. Write Support King, LLC SpyFone.com; File No. 192
3003 on your comment. Your commentincluding your name and your statewill be placed on the public record of this proceeding, including, to the extent practicable, on the https
www.regulations.gov website.
Due to the COVID19 pandemic and the agencys heightened security screening, postal mail addressed to the Commission will be subject to delay. We strongly encourage you to submit your comments online through the https
www.regulations.gov website.
If you prefer to file your comment on paper, write Support King, LLC
SpyFone.com; File No. 192 3003 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.
If possible, submit your paper comment to the Commission by overnight service.
Because your comment will be placed on the publicly accessible website at https www.regulations.gov, you are solely responsible for making sure your comment does not include any sensitive or confidential information. In particular, your comment should not
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include sensitive personal information, such as your or anyone elses Social Security number; date of birth; drivers 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 your comment does not include sensitive health information, such as medical records or other individually identifiable health information. In addition, your comment should not include any trade secret or any commercial or financial information which . . . is privileged or confidentialas provided by Section 6f of the FTC Act, 15 U.S.C. 46f, and FTC Rule 4.10a2, 16 CFR 4.10a2
including in particular competitively sensitive information such as costs, sales statistics, inventories, formulas, patterns, devices, manufacturing processes, or customer names.
Comments containing material for which confidential treatment is requested must be filed in paper form, must be clearly labeled Confidential, and must comply with FTC Rule 4.9c.
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 4.9c. Your comment will be kept confidential only if the General Counsel grants your request in accordance with the law and the public interest. Once your comment has been posted on the https
www.regulations.gov websiteas legally required by FTC Rule 4.9bwe cannot redact or remove your comment from that website, unless you submit a confidentiality request that meets the requirements for such treatment under FTC Rule 4.9c, and the General Counsel grants that request.
Visit the FTC website at http
www.ftc.gov to read this Notice and the news release describing the proposed settlement. 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 October 8, 2021. For information on the Commissions privacy policy, including routine uses permitted by the Privacy Act, see https www.ftc.gov/
site-information/privacy-policy.
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Analysis of Proposed Consent Order To Aid Public Comment The Federal Trade Commission Commission has accepted, subject to final approval, an agreement containing a consent order from Support King, LLC, formerly d/b/a SpyFone.com Corporate Respondent, and Scott Zuckerman Individual Respondent collectively, Respondents.
The Commission has placed the proposed consent order Proposed Order 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 again will review the agreement and the comments received, and will decide whether it should withdraw from the agreement or make final the agreements Proposed Order.
Support King has sold various monitoring products and services, each of which allowed a purchaser to monitor surreptitiously another persons activities on that persons mobile device. Scott Zuckerman is the president, founder, resident agent, and chief executive of Support King.
Individually or in concert with others, Mr. Zuckerman controlled or had the authority to control, or participated in the acts and practices alleged in the proposed complaint.
Respondents monitoring products and services included SpyFone for Android Basic, Premium, Xtreme, and Xpress. These monitoring products and services had varying capabilities and costs. Purchasers of these products had to take steps to bypass numerous restrictions implemented by the operating system or the mobile device manufacturer on the monitored mobile device during installation. To enable certain functions of the monitoring products and services, purchasers had to gain administrative privileges, exposing mobile devices to various security vulnerabilities.
All of Respondents monitoring products and services required that the purchaser have physical access to the device users mobile device for installation, and then the purchaser could remotely monitor the device users activities from an online dashboard. Once installed, the monitoring products and services ran surreptitiously, meaning that the device user was unaware that he or she was being monitored. The SpyFone software would then only be found by navigating through the devices Settings, where, according to SpyFones website, it is labeled as System Service in order to be more stealthy.
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