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2019-12-08 FINAL AG FTC COPPA Comment LTR Executed
STATE OF NEW MEXICO OFFICE OF THE ATTORNEY GENERAL HECTOR H. BALDERAS ATTORNEY GENERAL December 9, 2019 Via Federal eRulemaking Portal Federal Trade Commission Office of Acting Secretary April Tabor 600 Pennsylvania Ave NW Suite CC-5610 (Annex B) Washington, DC 20580 RE: COPPA Rule Review, 16 CFR part 312, Project No. P195404 Comments of the Attorneys General of New Mexico, Connecticut, Delaware, the District of Columbia, Idaho, Illinois, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Nebraska, Nevada, New York, North Carolina, Oregon, Pennsylvania, Tennessee, Vermont, Virginia, and Washington Dear Acting Secretary Tabor, On behalf of the Attorneys General of New Mexico, Connecticut, Delaware, the District of Columbia, Idaho, Illinois, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Nebraska, Nevada, New York, North Carolina, Oregon, Pennsylvania, Tennessee, Vermont, Virginia, and Washington (“the States”), we submit the following comments as requested by the Federal Trade Commission (“the Commission”)1 on its implementation of the Children’s Online Privacy Protection Act, 15 U.S.C. § 6501 et seq. (“COPPA”), through regulations codified at 16 CFR part 312 (“the COPPA Rule”). Under 15 U.S.C. § 6504, State Attorneys General are authorized to bring actions under COPPA as parens patriae in order to protect their citizens from harm. As partners with the FTC in ensuring COPPA is enforced and children are protected, the States possess a unique and important perspective on how effective the COPPA Rule has been, the fundamental values and protections it upholds, and what improvements should be made. A. General Questions for Comment 1. Is there a continuing need for the Rule as currently promulgated? Why or why not? Yes, though the Rule should be strengthened significantly as recommended herein. -
AG Alliance 2020 Virtual Annual Meeting Final Agenda * All Times EDT
AG Alliance 2020 Virtual Annual Meeting Final Agenda * All times EDT THURSDAY 7/16: 11:30am – 2:30pm EDT (2 panels) • 11:30am – 12:30pm EDT: COVID-19 Impacts and Adaptations by Innovators and Industry, Consumer Warnings and State Government Oversight Roles (60 min) Moderator: Ellen Rosenblum, Attorney General, Oregon Attorney General’s Office o Lev Kubiak, Vice President and Deputy Chief Security Officer, Pfizer o Haley Schaffer, Senior Legal Counsel, 3M o Speaker TBD, Lowe’s Summary: Price gouging laws typically apply to prices of essential items needed in an emergency. Price gouging occurs when a seller increases the price of goods, services or commodities to a level much higher than is considered reasonable or fair. Hear how Attorneys General and industry continue working together to identify and stop this practice during the pandemic. The internet has driven a dramatic increase in the expansion of the counterfeit drug market. Learn about the low- risk/high-reward nature of this criminal industry, and how regulators are stepping up to combat it. • 1pm-2:30pm EDT: COVID-19 Price Gouging Issues (90 min) Moderator: William Tong, Attorney General, Connecticut o Clayton Friedman, Partner, Crowell & Moring LLP o Paul Singer, Senior Counsel for Public Protection, Texas AGO o Victoria Butler, Director, Consumer Protection Division, Florida AGO o Nicholas Trutanich, US Attorney, District of Nevada Summary: Since the beginning of the COVID-19 crisis, Attorneys General have been on the watch for price gouging. As a result, several large companies have become subject to Attorney General investigations, and others have been named defendants in class action lawsuits brought by unhappy consumers. -
August 16, 2017 the Honorable Roger Wicker Chairman Senate
August 16, 2017 The Honorable Roger Wicker Chairman Senate Subcommittee on Communications, Technology, Innovation and the Internet Committee on Commerce, Science and Transportation The Honorable Brian Schatz Ranking Member Senate Subcommittee on Communications, Technology, Innovation and the Internet Committee on Commerce, Science, and Transportation The Honorable Marsha Blackburn Chairman House of Representatives Subcommittee on Communications and Technology Committee on Energy and Commerce The Honorable Michael Doyle Ranking Member House of Representative Subcommittee on Communications and Technology Committee on Energy and Commerce RE: Amendment of Communications Decency Act Dear Chairman Wicker, Ranking Member Schatz, Chairman Blackburn, and Ranking Member Doyle: In 2013, Attorneys General from 49 states and territories wrote to Congress, informing it that some courts have interpreted the Communications Decency Act of 1996 (“CDA”) to render state and local authorities unable to take action against companies that actively profit from the promotion and facilitation of sex trafficking and crimes against children. Unfortunately, nearly four years later, this problem persists and these criminal profiteers often continue to operate with impunity. The recent news highlighting the potential complicity of online classified-ad company Backpage.com in soliciting sex traffickers’ ads for its website once again underscores the need 1850 M Street, NW to expand, not limit, the ability of all law-enforcement agencies to fight sex Twelfth Floor Washington, DC 20036 Phone: (202) 326-6000 http://www.naag.org/ trafficking.1 The undersigned Attorneys General once again respectfully request that the United States Congress amend the CDA to affirm that state, territorial, and local authorities retain their traditional jurisdiction to investigate and prosecute those who facilitate illicit acts and endanger our most vulnerable citizens. -
March 25, 2020 Jeff Bezos, Founder/CEO Amazon HQ 410
March 25, 2020 Jeff Bezos, Founder/CEO Amazon HQ 410 Terry Ave. N Seattle WA 98109-5210 Dear Mr. Bezos, We write in our capacity as the top law enforcement officers for our respective states. We want the business community and American consumers to know that we endeavor to balance the twin imperatives of commerce and consumer protection in the marketplace. And, while we appreciate reports of the efforts made by platforms and online retailers to crack down on price gouging as the American community faces an unprecedented public health crisis, we are calling on you to do more at a time that requires national unity. That is why we are reaching out to you and other platforms and online retailers directly to address this problem. As COVID-19 spreads throughout the country, it is especially important unscrupulous sellers do not take advantage of Americans by selling products at unconscionable prices. Unfortunately, independent third-party organizations and journalists have documented many examples of price-gouging of items people need to protect themselves since the World Health Organization declared a global health emergency on January 30. For example:1 ● On Amazon, U.S. PIRG Education Fund found that more than half of hand sanitizers and facemasks available spiked by at least 50% compared to the average price. One in six products sold directly by Amazon saw similar price spikes. 1 See, e.g., Tiffany, Kaitlin, The Hand-Sanitizer Hawkers Aren’t Sorry, THE ATLANTIC (Mar. 11, 2020), https://www.theatlantic.com/health/archive/2020/03/hand-sanitizer-online-sales-ebay-craigslist-price-surge/607750/; Whalen, Jeanne et al., Purell prices are spiking on Amazon, as sanitizer speculation becomes a cottage industry, THE WASHINGTON POST (Mar. -
January 12, 2021 the Honorable Jeffrey A. Rosen Acting Attorney
January 12, 2021 The Honorable Jeffrey A. Rosen Acting Attorney General U.S. Department of Justice 950 Pennsylvania Ave., NW Washington, DC 20530 Dear Acting Attorney General Rosen: We, the undersigned state attorneys general, are committed to the protection of public safety, the rule of law, and the U.S. Constitution. We are appalled that on January 6, 2021, rioters invaded the U.S. Capitol, defaced the building, and engaged in a range of criminal conduct—including unlawful entry, theft, destruction of U.S. government property, and assault. Worst of all, the riot resulted in the deaths of individuals, including a U.S. Capitol Police officer, and others were physically injured. Beyond these harms, the rioters’ actions temporarily paused government business of the most sacred sort in our system—certifying the result of a presidential election. We all just witnessed a very dark day in America. The events of January 6 represent a direct, physical challenge to the rule of law and our democratic republic itself. Together, we will continue to do our part to repair the damage done to institutions and build a more perfect union. As Americans, and those charged with enforcing the law, we must come together to condemn lawless violence, making clear that such actions will not be allowed to go unchecked. Thank you for your consideration of and work on this crucial priority. Sincerely Phil Weiser Karl A. Racine Colorado Attorney General District of Columbia Attorney General Lawrence Wasden Douglas Peterson Idaho Attorney General Nebraska Attorney General Steve Marshall Clyde “Ed” Sniffen, Jr. Alabama Attorney General Acting Alaska Attorney General Mark Brnovich Leslie Rutledge Arizona Attorney General Arkansas Attorney General Xavier Becerra William Tong California Attorney General Connecticut Attorney General Kathleen Jennings Ashley Moody Delaware Attorney General Florida Attorney General Christopher M. -
October 22, 2019 Scott Schenkel Ebay Interim Chief Executive Officer
October 22, 2019 Scott Schenkel eBay Interim Chief Executive Officer 2025 Hamilton Avenue San Jose, California 95125 Mr. Schenkel: Social media and digital platforms have become interwoven into the fabric of our society. Consumers have become increasingly dependent on the broad access to goods for sale through these mediums. Unfortunately, the near- unlimited access to goods has increasingly exposed consumers, including minors, to unlicensed sales of alcohol and counterfeit products. We are seeking your assistance to address some of the challenges to consumer protection associated with online marketplaces and to improve the legitimacy of these sales. We are aware of the occurrence of unlicensed, unregulated, and untaxed alcohol sales through digital platforms. Some of the products sold in this manner may be counterfeit, mislabeled, or fraudulent. The consumer may not know that this method of alcohol sales is illegitimate, or that these black- market products could pose health risks. Bad actors may exploit the anonymity of a digital platform to evade regulation, law enforcement, taxation and responsibility. The 21st Amendment to the U.S. Constitution firmly invests the right to regulate the sale of alcoholic beverages with each state. Each online content company operating within the United States has a legal obligation to comply with federal and state law. But that is simply a legal obligation. We believe that everyone has an ethical and moral responsibility to protect consumers, especially those who are most vulnerable to fraud. Self-regulation and self- policing to prevent illegal and unfair trade practices and ensure consumer safety are minimum responsibilities for your respective companies. -
Brett Hendrickson, Afscme Council 18
No. _________ IN THE ___________ BRETT HENDRICKSON, PETITIONER, V. AFSCME COUNCIL 18; MICHELLE LUJAN GRISHAM, IN HER OFFICIAL CAPACITY AS GOVERNOR OF NEW MEXICO; AND HECTOR BALDERAS, IN HIS OFFICIAL CAPACITY AS ATTORNEY GENERAL OF NEW MEXICO, RESPONDENTS. ___________ On Petition for a Writ of Certiorari to the United States Court of Appeals for the Tenth Circuit __________ PETITION FOR A WRIT OF CERTIORARI __________ Brian K. Kelsey Counsel of Record Reilly Stephens LIBERTY JUSTICE CENTER 208 South LaSalle St., Ste. 1690 Chicago, IL 60604 May 14, 2021 (312) 637-2280 [email protected] Counsel for Petitioner i QUESTIONS PRESENTED 1) Whether a union can trap a public worker into paying dues without the “affirmative consent” required by Janus v. AFSCME, Council 31, 138 S. Ct. 2448 (2018). 2) Whether a union can moot a claim that it has violated Janus’ affirmative consent require- ments simply by establishing opt-out windows too short to reach appellate review. ii PARTIES TO THE PROCEEDING Petitioner Brett Hendrickson is a natural person and citizen of the State of New Mexico. Respondent Michelle Lujan Grisham is a natural person and the Governor of New Mexico. Respondent Hector Balderas is a natural person and the Attorney General of New Mexico. Respondent AFSCME Council 18 is a labor union representing public employees in the State of New Mexico. RULE 29.6 STATEMENT As Petitioner is a natural person, no corporate dis- closure is required under Rule 29.6. STATEMENT OF RELATED CASES The proceedings in other courts that are directly re- lated to this case are: • Hendrickson v AFSCME Council 18, No. -
November 13, 2020 Via E-Mail and U.S. Mail the Honorable William
November 13, 2020 Via E-mail and U.S. Mail The Honorable William Barr U.S. Department of Justice 950 Pennsylvania Avenue, N.W. Washington, D.C. 20530-0001 [email protected] [email protected] Dear Attorney General Barr: The 2020 election is over, and the people of the United States have decisively chosen a new President. It is in this context that we express our deep concerns about your November 9 memorandum entitled “Post-Voting Election Irregularity Inquiry.” As the chief legal and law enforcement officers of our respective states, we recognize and appreciate the U.S. Department of Justice’s (DOJ) important role in some instances in prosecuting criminal election fraud. Yet we are alarmed by your reversal of long-standing DOJ policy that has served to facilitate that function without allowing it to interfere with election results or create the appearance of political involvement in elections. Your directive to U.S. Attorneys this week threatens to upset that critical balance, with potentially corrosive effects on the electoral processes at the heart of our democracy. State and local officials conduct our elections. Enforcement of the election laws falls primarily to the states and their subdivisions. If there has been fraud in the electoral process, the perpetrators should be brought to justice. We are committed to helping to do so. But, so far, no plausible allegations of widespread misconduct have arisen that would either impact the outcome in any state or warrant a change in DOJ policy. For 40 years, the Department of Justice has followed a policy that recognizes the states’ principal responsibility for overseeing the election process. -
September 2, 2021
September 2, 2021 The Honorable Chuck Schumer The Honorable Mitch McConnell Senate Majority Leader Senate Minority Leader 322 Hart Senate Office Building 317 Russell Senate Office Building United States Senate United States Senate Washington, D.C. 20510 Washington, D.C. 20510 The Honorable Nancy Pelosi The Honorable Kevin McCarthy 1236 Longworth House Office Building 2468 Rayburn House Office Building Washington, DC 20515 Washington, DC 20515 Dear Leader Schumer, Leader McConnell, Speaker Pelosi, and Leader McCarthy, As our jurisdictions’ Attorneys General, we are responsible for protecting the health, safety, and well-being of our residents. Although our jurisdictions vary in size, geography, and political composition, we are united in our commitment to an effective criminal justice system that safeguards the communities of our states. To that end, a bipartisan coalition of Attorneys General supported the passage of the First Step Act of 2018—landmark legislation that brought common sense improvements to myriad aspects of the criminal justice system. Central to these reforms was retroactive relief for individuals sentenced under the discredited 100-to-1 crack-to-powder cocaine ratio that Congress abolished in 2010. Following the Supreme Court’s recent opinion in Terry v. United States, however, the lowest level crack cocaine offenders remain categorically ineligible for resentencing. We write today to urge Congress to amend the First Step Act, and to clarify that its retroactive relief applies to all individuals sentenced under the prior regime. Congress enacted the historic First Step Act of 2018 to modernize the criminal justice system, implementing comprehensive reform in areas such as corrections, criminal charging, community re-entry, and beyond. -
State of New Mexico Hector H. Balderas Attorney
STATE OF NEW MEXICO OFFICE OF THE ATTORNEY GENERAL HECTOR H. BALDERAS ATTORNEY GENERAL June 19, 2018 The Honorable Jeff Sessions The Honorable Kirstjen Nielsen Attorney General Secretary U.S. Department of Justice U.S. Department of Homeland Security 950 Pennsylvania Avenue, N.W. 3801 Nebraska Avenue, N.W. Washington, D.C. 20530 Washington, D.C. 20528 Dear Attorney General Sessions and Secretary Nielsen: The undersigned Attorneys General write to express our strong opposition to the Department of Justice’s new “zero tolerance” policy of forcibly separating all families that cross the border illegally, including those seeking asylum. The policy is not only inhumane, but it also raises serious concerns regarding the violation of children’s rights, constitutional principles of due process and equal protection, and the efforts of state law enforcement officials to stop crime. Because of these concerns, we demand that the Department of Justice immediately cease these draconian practices. On April 6, 2018, the Attorney General announced a new “zero tolerance” policy, calling for the immediate criminal prosecution of all individuals who illegally enter the United States, including those seeking asylum. Under this policy, adults who enter the United States are brought to federal prisons, instead of immigrant detention centers, and their children are treated as “unaccompanied minors” and forcibly placed into the care of the Department of Health and Human Services’ Office of Refugee Resettlement. As you are aware, the fundamental rights of children are expressed in international, federal, and state bodies of law. Each of these laws is, at its core, designed to protect the best interests of children. -
Attorney General Doug Chin Calls on Secretary Devos to Maintain Protections for Survivors of Campus Sexual Assault
DEPARTMENT OF THE ATTORNEY GENERAL DAVID Y. IGE GOVERNOR DOUGLAS S. CHIN ATTORNEY GENERAL For Immediate Release News Release 2017-93 July 19, 2017 ATTORNEY GENERAL DOUG CHIN CALLS ON SECRETARY DEVOS TO MAINTAIN PROTECTIONS FOR SURVIVORS OF CAMPUS SEXUAL ASSAULT HONOLULU — Attorney General Doug Chin today joined with New Mexico Attorney General Hector Balderas, Pennsylvania Attorney General Josh Shapiro, and 17 other state Attorneys General in a letter to Education Secretary Betsy DeVos expressing concern over reports the Department of Education is preparing to roll back important protections for survivors of sexual assault on college campuses and urging her to keep these protections in place. The Attorneys General also called on Secretary DeVos to work collaboratively with them to take action to end the scourge of sexual violence. Incidents of sexual assault on college campuses are widespread. The U.S. Department of Justice’s Bureau of Justice Statistics found that, on average, 20.5 percent of college women had experienced sexual assault since entering college while the Centers for Disease Control and Prevention found that one in five women experienced sexual assault in their lifetimes. Moreover, the vast majority of these incidents go unreported. According to a study from the American Association of Universities, reporting rates for some types of assaults were as low as five percent, in part due to survivors’ concerns about coming forward. Attorney General Chin said, “I join my colleagues in calling on Secretary DeVos to protect survivors of campus sexual assault, period. As a career prosecutor, I do not believe this should be a difficult decision for the Secretary to make. -
State of New Mexico Hector H. Balderas Attorney
STATE OF NEW MEXICO OFFICE OF THE ATTORNEY GENERAL HECTOR H. BALDERAS ATTORNEY GENERAL July 23, 2018 House Homeland Security Committee Senate Rules and Administration Committee Chairman Michael McCaul Chairman Roy Blunt 2001 Rayburn House Office Building 260 Russell Senate Office Building Washington, DC 20515 Washington, DC 20510 Dear Honorable Committee Members: The undersigned Attorneys General write to express our grave concern over the threat to the integrity of the American election system. As the latest investigations and indictments make clear, during the 2016 election, hackers within Russia's military intelligence service not only targeted state and local election boards, but also successfully invaded a state election website to steal the sensitive information of approximately 500,000 American voters and infiltrated a company that supplies voting software across the United States. The allegations in these indictments are extremely troubling. They evidence technologically vulnerable election infrastructures and the existence of a malicious foreign actor eager to exploit these vulnerabilities. Moreover, it has never been more important to maintain confidence in our democratic voting process. It is imperative that we protect the integrity of our elections. We must ensure that the upcoming 2018 midterm elections are secure and untainted. Accordingly, we ask for your assistance in shoring up our systems so that we may protect our elections from foreign attacks and interference by: • Prioritizing and acting on election-security legislation. We understand that the Secure Elections Act (S.2261) is before the Senate at this time and may address some of our concerns. • Increasing funding for the Election Assistance Commission to support election security improvements at the state level and to protect the personal data of the voters of our states.