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SWINDLE STATEMENT
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EXTRACTED KEY WORDS
PROVISIONS REMEDY VIOLATIONS LAW SUPPORT CONCURRING STATEMENT COMMISSIONER ORSON SWINDLE DOCKET ISSUANCE CONSENT ORDER MATTER EMPHASIZE SUPPORT IMPOSING COMMERCIAL INTERNET SITES LEGISLATION REGULATION |
_________________________________________________________________
CONCURRING STATEMENT OF COMMISSIONER ORSON SWINDLE
in GeoCities, Inc., Docket No. C-3850
_________________________________________________________________
I have voted in favor of final issuance of the consent order in this
matter because its provisions are appropriate to remedy the alleged
violations of the law by GeoCities, Inc. However, I want to emphasize
that my support for these provisions as a remedy for alleged law
violations in this particular case does not necessarily mean that I
would support imposing these requirements on other commercial Internet
sites through either legislation or regulation.
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3
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EXHIBIT H
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EXTRACTED KEY WORDS
ENCHANTEDFOREST NEWSLETTER GUIDELINES RELATING HOMEL JNEIGHBORHOODSL IUTILITIES |
Welcome to GeoCities Enchanted Forest Neighborhood
\
COMMUNITY Browse Great Pages Join This Visit
LEADERS Here Neighborhood
SEARCH Tell us how to improve your neighborhood
UTILITIES
HELP q SAY HI TO OUR NEW PARTNERS
We're pleased to welcome RockVillane, Earwig, CountrvSpotlkht
and GroovePlanet to our GeoPartners program. These sites
affiliated with over 90 radio stations around the country.
today!
$10 off on your first purchase of $50 or more at Internet
Shop for computer products, flowers or GeoCities logo items
Read messages from your neighbors in the EnchantedForest newsletter.
Contribute your own stories, birthday wishes and more!
Join us in our quest to
Prince and Princess, the
Enchanted Forest! Enter the
contest to name them by
and win 25 GeoPoints.
Please take a moment to read the special content guidelines relating
EnchantedForest neighborhood.
Featured Enchanted Forest Homesteaders
Reload the page to see new features
EnchantedForesb'3 11.5
Kids Kewl Picks is a site by and for kids.
EnchantedForest,'
Castle Infinity connects kids from around the
to one magical castle.
EnchantedForest
Bryan is a San Francisco 49'ers fanatic.
EnchantedForest/
Ian's Cyber Place: a six-year-old's life.
Does your site belong here? Tell us !
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4
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EXHIBIT G
|
EXTRACTED KEY WORDS
PERMISSION GEOCITIES GEOKIDZ CLUB ALTERNATE EMAIL OFFKIAL GEOCITIES GEOKIDZ |
I Iff~cial GeoCities GeoKidz Club
PLEASE GET YOUR PARENTS' PERMISSION to join!
Alternate Email address:
EXHIBIT G
I of3
I Official GeoCities GeoKidz Club
/ http://www.geocities.com/
Do you have your parents' permission to join the Offkial GeoCities
is` `1 :
' `, \
..__ _/I
2 of3
1 Xf%zial GeoCities GeoKidz Club
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5
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EXHIBIT F
|
EXTRACTED KEY WORDS
GEOPLUS GEOCITIES COMMUNITY PHOTO COLLEGE CHAT VOTE GEOKIDZ CLUB MANAGER NEWS GEOGUIDE NEIGHBORHOOD LIFE AUTO FASHION REPORT FLASH CASH SCHOOL EXPANDING CGIS ONLINE HOMESTEAD ABILITY GEOPOINTS COUNTERS GUESTBOOK CONTEST |
The GeoCities World Report
Vol. 2 No. 15
July 16, 1997
IN THIS ISSUE
The New GeoPlus!
Vote! Flash For Cash
"People" Like Us
Join The GeoKidz Club
Sumner School?
GEOPLUS GETS A FACELIFT WITH NEW FEATURES
Rave reviews are pouring in
GeoPlus program. We gave
the Community Leaders a sneak
now GeoPlus members are
taking advantage by snagging
CGIs from our new
online library.
For those of you who aren't
ogram, GeoPlus gives you
even more utilities, features
to take your homestead
to the next level.
"Looks great!" wrote Becky,
ader. "I really like the
info listed down the left
le and easy to navigate.
And, CGIs with additional
ing our minds! I give
it a big GeoPlus thumbs up."
Our new GeoPlus still includes
0 megabytes of space, the
ability to use subdirectories
les, the convenience of a
personalized URL, the rewards
and the free trials to
get great Internet products
u also get FREE options
like: *A library of great new CGI's
ety of counters, a
simple survey, a clock,
guestbook and many more
new gadgets for your home pages
*The ability to update
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EXHIBIT E
|
EXTRACTED KEY WORDS
GEOCITIES GEOKIDZ CLUB ENCHANTING FOREST KIDS FRIENDS FUN HTML HELP PLAY JAVA GAMES CHARLIE DOG ICON ENCHANTED FOREST HOME |
(Web audio ad for Official GeoCities GeoKidz Club)
Welcome kids to this enchanting forest created by your friends for you to enjoy. . . .
GeoKidz Club at EnchantedForesti3696 for fun and HTML help. Play Java games and be sure
to visit Charlie, the GeoKidz Club's new dog.
(Web audio ad: link from "Audio Description" icon on GeoCities Enchanted Forest home
http://www.geocities.com/EnchantedForest (Exhibit D))
EXHIBIT E
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7
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EXHIBIT D
|
EXTRACTED KEY WORDS
PAAE BOOKS GEOCITIES GRAPHICS PRINCESS FEATURES GAMES CDNOW COMMUNITV LEADERS FUN KIDS POSTCARDS GEOGREETINAS PEN-PALS DESIGNERS ARTWORK PETS SPECIAL SERIES SPRING BREAK SCHOOLS ISO CONTEST REAISTER IJOIN NEIAHBORHOOD IFORUMS IMAIN INEIAHBORHOOPL FEATURED CONTENT1 IMEMBERS LMARKETPLACE1 EXHIBIT |
GeoCities - EnchantedForest
Page 1 of 1
More features on the new GeoGuide! Click here.
Eztpi~jt P t?-i? -i
Get your bid in
SLibblrtx:
Now!
' EnchantedForest free
Auctions held
' Cottaae
dailv.
`GM
`M
Here
click here
go,
stories to read!
CDs from CDnow
Communitv Leaders -
Click to Buv Tribute
To Diana - Princess
`Chat -Safety Firs c i Join the GeoKidz
Of Wales
' Children's Books ; y%mn~`p- HTML
!
' Cvberpets
Education Ltiitii.... ' I
l
' Family Do you care about kids? Want to get involved in
Games
l online events for kids and families? Visit our
`GM to join the EnchantedForest Community Leader
CDnow - A Better
Graohics
l
Music Store
' HTMLANeb Paae Help ~;~!d)YX:t;i~~~~ I 5 Attention
Pen-pals
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8
.
DECISION & ORDER
|
EXTRACTED KEY WORDS
FEDERAL TRADE COMMISSION CONSENT CONSUMER GEOCITIES COMPLAINT ACT PURPOSES CHILD THIRD PARTIES PRACTICES AGREEMENT PARENT PARENTAL CONSENT DATABASES UNITED STATES JURISDICTIONAL FACTS CHILDRENS THEREAFTER CONSUMER PROTECTION VIOLATION JURISDICTIONAL FACTS SET DISCLOSURE SUCCESSORS PROMINENT PRIVACY NOTICE THIRD PARTY GEOCITIES COMMUNITY LEADER AFORESAID DRAFT ADMISSION |
9823015
B251544
UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
COMMISSIONERS:
Robert Pitofsky, Chairman
Sheila F. Anthony
Mozelle W. Thompson
Orson Swindle
In the Matter of
GEOCITIES, a corporation.
DOCKET NO. C-3850
DECISION AND ORDER
The Federal Trade Commission having initiated an investigation of
certain acts and practices of the respondent named in the caption
hereof, and the respondent having been furnished thereafter with a
copy of a draft of complaint which the Bureau of Consumer Protection
proposed to present to the Commission for its consideration and which,
if issued by the Commission, would charge respondent with violation of
the Federal Trade Commission Act; and
The respondent, its attorneys, and counsel for Federal Trade
Commission having thereafter executed an agreement containing a
consent order, an admission by the respondent of all the
jurisdictional facts set forth in the aforesaid draft of complaint, a
statement that the signing of said agreement is for settlement
purposes only and does not constitute an admission by respondent that
the law has been violated as alleged in such complaint, or that the
facts as alleged in such complaint, other than jurisdictional facts,
are true and waivers and other provisions as required by the
Commission's Rules; and
The Commission having considered the matter and having determined that
it had reason to believe that the respondent has violated the said
Act, and that complaint should issue stating its charges in that
respect, and having thereupon accepted the executed consent agreement
and placed such agreement on the public record for a period of sixty
(60) days, and having duly considered the comments filed thereafter by
interested persons pursuant to § 2.34 of its Rules, now in further
conformity with the procedure prescribed in § 2.34 of its Rules, the
Commission hereby issues its complaint, makes the following
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9
.
ANALYSIS
|
EXTRACTED KEY WORDS
PERSONNEL PARENT CONSENT THIRD PARTIES PROPOSED ORDER MEMBERS CONSUMERS WEB SITE DISCLOSE REQUEST COMPLAINT ALLEGES PRIVACY CHILD COMMISSION AGREEMENT COMMUNITY ENCHANTED FOREST CONTESTS CLUB REGISTER PROVISION DATABASES PUBLIC RECORD NEIGHBORHOOD CHILDREN WISHING ADVERTISING PRACTICES PURPOSES PERMISSION |
_________________________________________________________________
Analysis of Proposed Consent Order
to Aid Public Comment
_________________________________________________________________
The Federal Trade Commission has accepted, subject to final approval,
an agreement containing a consent order from GeoCities, the operator
of a Web site on the World Wide Web ("Web"), located at
http://www.geocities.com.
The proposed consent order has been placed on the public record for
sixty (60) days for reception of comments by interested persons.
Comments received during this period will become part of the public
record. After sixty (60) days, the Commission will again review the
agreement and the comments received and will decide whether it should
withdraw from the agreement or make final the agreement's proposed
order.
The GeoCities Web site is a "virtual community" consisting of members'
personal home pages organized into 40 themed areas, called
"neighborhoods." One such neighborhood is the "Enchanted Forest,"
described as a "community for and by kids." GeoCities provides
numerous services to its members, including free and fee-based
personal home pages, free e-mail service, contests, and children's
clubs, among other activities. Persons wishing to become a member of
GeoCities must complete an application form. The application form
requests certain mandatory personally identifiable information about
the applicant and certain other information it designates as
"optional." The form also asks applicants to designate whether they
wish to receive specific "special offers" from advertisers, and
specific products or services from individual companies.
The Commission's complaint in this matter alleges that GeoCities
engaged in three deceptive practices in connection with its collection
and use of personal identifying information from consumers. First, the
complaint alleges that GeoCities falsely represented that the personal
identifying information it collects through the membership application
form is used only to provide members the specific advertising offers
and products or services they request. In fact, according to the
complaint, that information has been sold, rented or otherwise
disclosed to third parties who have used it for purposes other than
those for which members have given permission.
Second, the complaint alleges that GeoCities falsely represented that
the "optional information" it collects through the application form is
not disclosed to third parties without the member's permission. In
fact, the complaint alleges, GeoCities has disclosed this information
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10
.
EXHIBIT B
|
EXTRACTED KEY WORDS
FREE E-MAIL MEMBERS ACCOUNT E-MAIL PROGRAM NETSCAPE SERVER EDITORS SUPPORT PROVIDERS MAILBOX DOWNLOADING GEOMAIL COMPLETING HOMESTEADERS REQUEST FTP ALLOCATE DISK SPACE FILETVOES CREATIVITY BECOMING PLANS VARIETY STAFF EYE ORIENTATION E-MAIL PROTECT PRIVACY ASSURE |
GeoCities Info: E-mail
mbers/info/email.html
MAIN 1 NLIGIIBORNOODS 1 FLATURLO CONTENT j MCMBLRS
CieoCltles - your home on the Web.
GeoCities Free Member E-mail Program
Editors Note: e-mail list info -__.. -..- ._ -.. .-.--.. _.... -.__
GeoCities is pleased to offer our free e-mail program for all of its
Through the phenomenal success of our homesteading program, and the
support of our advertisers and sponsors, we are able to provide a free
account to everyone on the web.
This e-mail account will be your permanent e-mail address, so that even if
switch access providers, you will always have one address to call "home".
may also find it more convenient to receive your personal e-mail in your
GeoCities account, to avoid the uncomfortable feeling of receiving personal
e-mail at your place of business. Wherever you go to access the Internet,
can always check in on your GeoCities mailbox by configuring your Netscape
Web Browser with the appropriate settings.
E-mail
GeoCities recommends that you use Netscape for downloading, reading, and
sending your GeoCities e-mail.
Tune UP !a
Communicator
P up
Dow n-Now!
r
Important Notice:
e with
Due to the overwhelming demand, we have been forced to place a few
limitations on the member e-mail program. They are as follows:
l Mail left on the server over 7 days will be deleted. Please
Netscape browser to remove mail from server.
l All accounts are limited to 500kB of mailbox space at one time.
should be plenty for everyone, as long as mail is downloaded
removed from the server on a regular basis.
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EXHIBIT A
|
EXTRACTED KEY WORDS
MEMBER NEIGHBORHOOD E-MAIL ACCOUNT OF3 NEWS MEMBER TERMS GEOCITIES HOMESTEADER LISTINGS SPORTS SURPLUS DIRECT GEOPLANET INFOBEAT COMMUNITY INTERNET PLAN GEOPLUS UNDERSTANDING CONFIRMATION GUIDELINES EXHIBIT IOFL EDTIES JOJN MOMENTS SECURE INSTRUCTIONS MOVING CITY ICHOOSE |
1 GeoCitiex Homesteader Application
ge&add~4475
edtieS
Join us!
.-. - - -
P
You are about to join the largest community on the Internet. Being a
is fun and becoming a member is easy. All you have to do is pick a
a GeoCities name and address and review the member terms of service.
completed those minor tasks - we'll even help you build your first
*; Free Personal Home Page Program
The key word is FREE. This program includes 3 megabytes of space
all the tools, utilities and help you may need to succeed.
::-.. GeoPlus
You get all the free stuff listed above, PLUS a total of 15
personalized URL, a file of free trial memberships in other
bunch of subdirectories to help organize your files, and a cache
soup up your site. And, under the new plan, you can join for
don't have to decide now. You can always sign up for GeoPlus
http://www.qeocities.com/ioin/qeoplus/.
The next step is understanding our Member Terms of Service.
GeoCities Page Content Guidelines and Member Terms of Service
___19--_F-w .-_1 -.^-II ..-I- .~----.-"-.-""-..-
__..-.- - ._.- I
. -.~_-~
Specifically, we do not allow any nudity or pornography
es.
`-.-- --7-
http://www.geocities.com/members/guidelines/
1 ****
Members who are in violation
deleted and their pages. or portions
1 without warning.
****
, The purpose of the free Personal Home Page program
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12
.
AGREEMENT CONTAINING CONSENT
|
EXTRACTED KEY WORDS
FEDERAL TRADE COMMISSION CONSENT RESPONDENT GEOCITIES DRAFT COMPLAINT PROPOSED RESPONDENT AGREEMENT COUNSEL PRACTICES CHILD THIRD PARTIES REPRESENTATION LAW PARENT PARENTAL CONSENT CONSUMER DATABASES JURISDICTIONAL FACTS CHILDRENS UNITED STATES DULY AUTHORIZED OFFICER DISCLOSURE SUCCESSORS PROMINENT ELECTRONICALLY VERIFIABLE SIGNATURE THIRD PARTY PRIVACY NOTICE CALIFORNIA CORPORATION PRINCIPAL OFFICE PROPOSED RESPONDENT WAIVES |
UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
In the Matter of
GEOCITIES, a corporation.
FILE NO. 9823015
AGREEMENT CONTAINING CONSENT ORDER
The Federal Trade Commission has conducted an investigation of certain
acts and practices of GeoCities, a corporation ("proposed
respondent"). Proposed respondent, having been represented by counsel,
is willing to enter into an agreement containing a consent order
resolving the allegations contained in the attached draft complaint.
Therefore,
IT IS HEREBY AGREED by and between GeoCities, by its duly authorized
officer, and counsel for the Federal Trade Commission that:
1. Proposed respondent GeoCities is a California corporation with its
principal office or place of business at 1918 Main Street, Suite 300,
Santa Monica, California 90405.
2. Proposed respondent admits all the jurisdictional facts set forth
in the draft complaint.
3. Proposed respondent waives:
(a) Any further procedural steps;
(b) The requirement that the Commission's decision contain a
statement of findings of fact and conclusions of law; and
(c) All rights to seek judicial review or otherwise to
challenge or contest the validity of the order entered pursuant
to this agreement.
4. This agreement shall not become part of the public record of the
proceeding unless and until it is accepted by the Commission. If this
agreement is accepted by the Commission, it, together with the draft
complaint, will be placed on the public record for a period of sixty
(60) days and information about it publicly released. The Commission
thereafter may either withdraw its acceptance of this agreement and so
notify proposed respondent, in which event it will take such action as
it may consider appropriate, or issue and serve its complaint (in such
form as the circumstances may require) and decision in disposition of
the proceeding.
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13
.
COMPLAINT
|
EXTRACTED KEY WORDS
MEMBERS GEOCITIES WEB SITE ENCHANTED FOREST EXHIBIT GEOKIDZ CLUB INFORMATION COLLECTION THIRD PARTIES REQUEST NEIGHBORHOOD CONTEST FEDERAL TRADE COMMISSION CONSUMERS PERSONAL HOME ADVERTISING ACT HOMESTEADERS PROMOTIONS REPORT PERMISSION PARAGRAPH REPRESENTATION REGISTER PRIVACY STATEMENTS FOREST CONTEST ENTRY PRACTICES PURPOSE COMMUNITY TARGET |
9823015
B251544
UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
In the Matter of
GEOCITIES, a corporation.
DOCKET NO. C-3850
COMPLAINT
The Federal Trade Commission, having reason to believe that GeoCities,
a corporation ("respondent"), has violated the provisions of the
Federal Trade Commission Act, and it appearing to the Commission that
this proceeding is in the public interest, alleges:
1. Respondent GeoCities is a California corporation with its principal
office or place of business at 1918 Main Street, Suite 300, Santa
Monica, California 90405.
2. Respondent has operated a World Wide Web ("Web") site located at
http://www.geocities.com. This Web site is a virtual community
consisting of consumers' personal home pages that are organized into
40 themed neighborhoods. Respondent "hosts" a personal home page by
posting it to an address in the consumer's chosen neighborhood.
3. Respondent has provided numerous services including free and
fee-based personal home pages, free e-mail service, contests and
children's clubs. Respondent provides personal home pages and e-mail
addresses to adults and children who reveal personal identifying and
demographic information when they register with the Web site.
4. Respondent has more than 1.8 million members whom it refers to as
"homesteaders." As of December 2, 1997, approximately 200,000
GeoCities homesteaders were between the ages of 3 and 15. As of May
18, 1998, approximately 50,000 homesteaders were under age 13.
Respondent's site is one of the ten most frequently visited Web sites,
and was the sixth top trafficked site in April 1998 with 14.1 million
unique visitors ages 12 and up. Among visitors between the ages of 12
and 17, it was the third most frequently visited Web site in March
1998. One out of five U.S. Web users visited respondent's Web site in
October 1997.
5. Respondent has created opportunities for third party advertisers to
promote products in a targeted manner to its more than 1.8 million
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14
.
EXHIBIT C
|
EXTRACTED KEY WORDS
NEWS DIANA LIFE CHAT INVESTMENT COMMUNITY LEADERS BOOKIES BEATLES HONOR SPORTS SELECTIONS PROFILE EDITOR INFOBEAT DELIVERY FEATURES TECH REPORT PRINCESS TRIBUTE POWER SOUND SAD FORTUNATE HEART GOD CHARLES SARAH PEACE BERMUDA ONION |
From: world-report@list.geocities.com (GeoCities World
To: world-report@list.geocities.com (GeoCities World Report)
Date: 97-09-04 13:49:02 EDT
GeoCities World Report
Vol. 2, No. 3
September 2, 1997
IN THIS ISSUE:
GeoCitizens honor Princess Di
Fun With Finance
Beat The Bookies!
Free Offers By E-mail
News You Can Choose
Get Back! Beatles Trivia
l ***********
THE PEOPLE'S PRINCESS
Tragedy struck during Labor Day Weekend when Princess
Diana's car crashed in Paris. People around the world are mourning
and the mood in Cyberspace is no different.
"When I heard the news on Sunday night my wife and I
decided to put up a page that honors Diana's accomplishments
people who would be interested in knowing more about her life,"
said GeoCitizen Steve Whitlock, who was interviewed for NBC's
"Access Hollywood" about his Web page tribute to Diana at:
http://www.geocities.com/Heartland/Prairie/3322/ . "Since then
been pretty overwhelmed. When I woke up in the morning I had more
than 200 visits, that's more than I usually get in two months. This
speaks to the power of the lnterent as well as, of course, the
life's work of Diana. This is unprecedented."
Here are some samples of the homesteads that have put up
pages in honor of Diana:
http://www.geocities.com/Tokyo/Temple/2742/princess.html
http://www.geocities.com/CollegePark/4642
http://www.geocities.comMlellesley/l076/princess.html
http://www.geocities.com/Paris/Metro/9101
http:/lwww.geocities.comlParislMetro/7649
http:llwww.geocities.comlHollywoodlSetl7863
http:Iwww.geocities.com/SoHo/Studiosl8197
http:/fwww.geocities.com/Heartland/Prairie/7600
http:/twww.geocities.com/HeartlandlMeadows/9548
http://www.geocities.comlTheTropics/Shores/9966
http:llwww.geocities.com/Paris/LeftBankl59431
http:/lwww.geocities.com/Area51/1047/privacy.htm
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