Announcements, information and updates from CWAG Members and Associates
February 14, 2019
Articles on topics relevant to the work of Attorneys General around the nation.
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CWAG invites you to attend our 2019 Spring Dinner on Wednesday, April 24, 2019, in Lafayette, Louisiana, during Louisiana Attorney General Jeff Landry’s NAAG Presidential Initiative Summit. Attorneys General and private sector supporters will join together for a highly personal and engaging dinner with approximately 15-20 Attorneys General at The DoubleTree Hotel.

The CWAG 2019 Spring Dinner begins with a reception for all attendees from 6:00pm – 7:00pm in Salon A immediately followed by dinner from 7:00pm – 9:00pm in the Ballroom at The DoubleTree Hotel.

If you need more information or if you have any questions, please contact meeting manager Ale Stephens at  or 303.304.9206.

 We hope to see you in Lafayette!
Oregon Attorney General Rosenblum Calls on FTC to Improve—Not Repeal—Rules that Protect Consumers from Identity Theft
February 11, 2019

Leading a coalition of 31 state Attorneys General, Oregon Attorney General Rosenblum today sent a letter to the Federal Trade Commission (FTC) urging the federal agency to not only maintain its “Identity Theft Rules”, also called “Red Flag Rules”, but, in light of technological advances and savvy identity thieves, to update the rules to further protect consumer information. The letter cites the proliferation of identity theft and the growth in technology since the rules were adopted in 2007. The letter points out that with all the consumer data they have been able to accumulate due to the number of data breaches, “…identity thieves are able to amalgamate consumer data with exact accuracy to cause financial harm.”
Litigation Alert: Changes to California's Automatic Renewal Law
Jeff Tsai , DLA Piper

A newly amended version of California's Automatic Renewal Law (ARL) is now in force, putting into effect additional requirements to what is arguably the country's stiffest consumer protection law focused on subscription-style plans.

Although numerous laws in other states and the federal Restore Online Shoppers' Confidence Act provide similar enforcement regimes, the amended ARL – which went into effect July 1 – further underscores the California law's status as the high water mark for regulation in this space.

Since its operative enactment on December 1, 2010, the ARL has been a favorite tool for both the plaintiff bar and government enforcers. In California, which is home to significant technology corridors, the ARL has had a unique impact on e-commerce companies with subscription-style offerings. E-commerce companies across industries – from streaming music to identity security to online dating – have been the subject of ARL actions. However, California companies are not alone in facing the ARL's impact. Indeed, any company doing business should take notice of the ARL and prepare for its new requirements.

See the Key Provisions and Takeaways in the full Litigation Alert.
GAO Report: Additional Internet Privacy Authority Could Enhance Consumer Protection and Provide Flexibility
Highlights of GAO-19-52, a report to the Chairman, Committee on Energy and Commerce, House of Representatives
January 2019

Why GAO Did This Study
In April 2018, Facebook disclosed that a Cambridge University researcher may have improperly shared the data of up to 87 million of its users with a political consulting firm. This disclosure followed other recent incidents involving the misuse of consumers’ personal information from the Internet, which is used by about three-quarters of Americans. GAO was asked to review federal oversight of Internet privacy. This report addresses, among other objectives: (1) how FTC and FCC have overseen consumers’ Internet privacy and (2) selected stakeholders’ views on the strengths and limitations of how Internet privacy currently is overseen and how, if it all, this approach could be enhanced.

GAO evaluated FTC and FCC Internet privacy enforcement actions and authorities and interviewed representatives from industry, consumer advocacy groups, and academia; FTC and FCC staff; former FTC and FCC commissioners; and officials from other federal oversight agencies. Industry stakeholders were selected to represent different sectors, and academics were selected because of their expertise in privacy, consumer protection, and regulatory issues.

What GAO Recommends
Congress should consider developing comprehensive legislation on Internet privacy that would enhance consumer protections and provide flexibility to address a rapidly evolving Internet environment. Issues that should be considered include what authorities agencies should have in order to oversee Internet privacy, including appropriate rulemaking authority.
Michigan Attorney General Nessel Weighs in On Sex Offender Registration Cases Before MI Supreme Court
February 8, 2019

Michigan Attorney General Dana Nessel filed amicus briefs in the Michigan Supreme Court today in Michigan v Snyder and People v Betts, arguing that Michigan’s sex offender registration and notification requirements are punishment because they are so burdensome and fail to distinguish between dangerous offenders and those who are not a threat to the community.
WITA Donated Uniforms
WITA Stacked Pallets
Major Donation Brings New Capabilities to Malawi's Fight Against Wildlife Traffickers

The CWAG Africa Alliance Partnership has coordinated the donation by the Wildlife Investigator’s Training Alliance of more than $86,000 worth of used equipment to be delivered to the Malawi Department of National Parks and Wildlife.

The donations included used or surplus items like body armor, tactical vests, uniforms including boots, coveralls, jackets, hearing protection, binoculars, and hydration bladders. In addition, WITA President and Tennessee Wildlife Officer Shawn Karns and his team took investigation equipment to Malawi for an in-person training program in January, including 3 new electronic locator units, digital cameras, and evidence collection bags and tags.

The Malawi DNPW is looking forward to deploying the donated equipment to improve their investigative capacity, as well as their preventative patrol program. With these donations of equipment and CWAG AAP training, they’ll be in a stronger position to investigate and prosecute poaching and wildlife trafficking cases.
Used Equipment Donations
To donate used or surplus items to the CWAG Alliance Partnership to share with our partner law enforcement agencies overseas, please contact Administrative Director Susan Lustig, at , or (805) 264-4277. Thank you!
Michael Bailey, Top Aide to Arizona AG, Named US Attorney for Arizona
US News and World Report
February 13, 2019

The top aide to Arizona's attorney general is President Donald Trump's pick to head the U.S. Attorney's Office for Arizona, a position filled on an acting basis by the office's top assistant for over two years.

Sen. Martha McSally announced Tuesday that Trump had nominated Michael Bailey for the post. The appointment is subject to U.S. Senate confirmation.

Bailey has served as Attorney General Mark Brnovich's chief deputy and chief of staff since 2014. He previously was a Maricopa County prosecutor and in private law practice.
Using Technology to Improve Social Justice

Building on CWAG's Cyber Security efforts, New Mexico Attorney General Hector Balderas’s Chair's Initiative will focus on bringing together leaders from the corporate, nonprofit and government sectors to utilize technology to strengthen our economy and improve public safety outcomes . Expanded collaboration among leading privacy and security researchers, academics, industry representatives, consumer advocates, law enforcement and government entities will address national and international cyber security concerns.
This very important educational initiative is one which explores and expands the multifaceted elements of implementing cyber security programs and protocols. Further, through this effort, impacts on society and often, on those who are most vulnerable, are brought to light as it intersects with public policy, data security and law enforcement actions. Finally, we will examine the gig economy and the impact of disruptive technology as it relates to justice.

Initiative themes will include:
Protecting Children, Families and Consumers :
  • Enhanced enforcement of child online privacy protection laws
  • Utilization of technology to assist law enforcement in combatting criminal activities such as fraud and money laundering with the use of biometric facial recognition protocols
  • Utilization of technology to address issues specific to economic disparity like tax refunds and expedited Medicare/Medicaid payments
Protecting Personal Data Privacy :
  • Strengthening and collaboration of data breach notification laws
  • Implementation of safeguards against scams and the emerging electronic consumer marketplace
Protecting Against Human Trafficking :
  • Creation of a multi-district communications solution that uses secured and encrypted communications for investigators
  • Utilization of a technological tools which enhance and strengthen our ability to conduct investigations and communicate with agents in multiple jurisdictions without fear of having those channels compromised

Through this initiative, state attorneys generals will jointly address cyber security as one of the greatest threats to our nation . An advisory board of stakeholders - to include corporate, nonprofit and technology leaders - will be assembled to provide support and input relating to our economy and the various public safety components of the initiative. General Balderas’s will also use the experienced gained by his office through their current bi-national, multi-state cyber security pilot project supporting the efforts of law enforcement across our international lines.

CWAG Presidential Initiative Summit dates to be announced soon!
Updated American Indian Law Deskbook Is Now Available

The American Indian Law Deskbook  is a concise, direct, and easy-to-understand handbook on Indian law. The chapter authors of this book are experienced state lawyers who have been involved in Indian law for many years.

American Indian Law Deskbook  addresses the areas of Indian law most relevant to the practitioner.
Topics include:
  • Definitions of Indians and Indian tribes
  • Indian lands
  • Criminal, civil regulatory, and civil adjudicatory jurisdiction
  • Civil rights
  • Indian water rights
  • Fish and wildlife
  • Environmental regulation
  • Taxation
  • Gaming
  • Indian Child Welfare Act and tribal-state cooperative agreements