Announcements, information and updates from CWAG Members and Associates
January 31, 2019
Articles on topics relevant to the work of Attorneys General around the nation.
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SYMANTEC PrivacyCon 2019

On Tuesday, January 29th, Symantec, along with CWAG and the Center for Democracy and Technology, hosted PrivacyCon2019 in Washington, D.C.

D.C. Chief Deputy Attorney General Natalie Ludaway moderated a panel titled, “A Conversation with State Attorneys General on Privacy in the States,” where she was joined by D.C. Attorney General Karl Racine, Vermont Attorney General TJ Donovan, New Mexico Chief Deputy Attorney General Tania Maestas and Virginia Deputy Attorney General Stephen Cobb. Below is a quote from Symantec, after a very successful morning of panels. 

"We were honored to have a packed house for our AG panel on privacy and consumer protection. The dialogue was great and all really appreciated the candor and insightfulness of the AGs. We all learned that the best way to address some of the consumer related issues with the states is to communicate with the AGs offices. Work on an open dialogue as something like a breach is occurring so that the AGs can work with you as opposed to later when things could have been avoided. Bottom line is we all want to help consumers."
New York Attorney General James And Governor Cuomo Announce Investigation Into Apple Facetime Privacy Breach
To Report Complaints Related to FaceTime Bug, Call 1-800-697-1220
January 30, 2019

Attorney General Letitia James and Governor Andrew M. Cuomo today announced an investigation into Apple’s failure to warn consumers about the FaceTime bug and slow response to addressing the issue. The bug jeopardized the privacy of consumers in New York by allowing users to receive audio and video from the device of the person they are calling even before the person has accepted or rejected the call.  
AG Balderas Announces Settlement of Over $200 Million with Walgreens Over Fraudulent Over-Dispensing of Insulin Pens
January 24, 2019

Attorney General Hector Balderas announced a settlement of $209.2 million dollars against Walgreens over their fraudulent dispensing of insulin pens around the nation. New Mexico is joined by the United States, the District of Columbia, and all other 49 states in settling allegations against Walgreens Boots Alliance (Walgreens). The agreement in principle resolves allegations that Walgreens knowingly engaged in fraudulent over-dispensing of insulin pens to Medicare and Medicaid beneficiaries. Walgreens operates the largest retail pharmacy chain in the U.S., with 8,309 locations across all 50 states.
UPDATE: Growing Concern Regarding the Far Reaching Impact of the DOJ’s Online Gaming About-Face: Are State Lotteries and Casino Gambling in Jeopardy?
David C. Blake,  Partner, Squire Patton Boggs
January 30, 2019

In the aftermath of DOJ’s release of its updated opinion on the application of the Wire Act of 1961 (18 U.S.C. §1084) earlier this month, states and the gaming industry are continuing to weigh its potential impact with growing alarm. Reversing the government’s 2011 position, the recent opinion re-interprets the Wire Act’s prohibitions to apply to any form of gambling that satisfies the statute’s interstate commerce requirements—not just online sports betting. That not only reverses DOJ’s own interpretation, but it flies in the face of industrywide systems and practices founded on long-held understandings and precedent limiting the statute’s application to sports wagering.

Importantly, DOJ’s interpretive turnaround imperils state-operated lotteries, along with online gaming, intrastate gambling, and brick-and-mortar casinos. Never mind interstate lottery games such as Powerball: on the face of DOJ opinion, many purely intrastate state lotteries and interactive gaming devices (progressive slot games, etc.) located throughout the country that use the Internet to transmit data in support of their operations could suddenly be deemed illegal by DOJ. Regardless of whether DOJ’s interpretation of the Wire Act is correct, there is a risk of criminal prosecution. Indeed, even legal internet transmissions sent by an in-state facility to an in-state recipient can cross state lines and, therefore, potentially give rise to criminal prosecution under DOJ’s revised opinion. That could have serious consequences for every previously lawful state lottery and many other casino-based electronic gaming options.
Americans Will Wager $6 Billion on Super Bowl LIII
22.7 Million People Expect to Bet on Patriots v. Rams Game
American Gaming Association
January 28, 2019

Nearly 1-in-10 American adults plan to bet on Super Bowl LIII between the New England Patriots and Los Angeles Rams, according to a new survey released today by the American Gaming Association (AGA).
Key findings from the survey, conducted by Morning Consult, include:
  • 22.7 million American adults plan to bet on Sunday’s game;
  • 52% say they will bet on the Rams, while 48% will bet on the Patriots;
  • Americans say they will wager $6 billion on the Super Bowl; and
  • 1.8 million Americans plan to bet illegally through a bookie, with millions more likely to bet illegally through offshore online books.
US Secretly Shipped Plutonium from South Carolina to Nevada
January 20, 2019

The U.S. Department of Energy revealed on Wednesday that it secretly shipped weapons-grade plutonium from South Carolina to a nuclear security site in Nevada months ago despite the state's protests.

The Justice Department notified a federal judge in Reno that the government trucked in the radioactive material to store at the site 70 miles (113 kilometers) north of Las Vegas before Nevada first asked a court to block the move in November.

Department lawyers said in a nine-page filing that the previously classified information about the shipment from South Carolina can be disclosed now because enough time has passed to protect national security. They didn't specify when the one-half metric ton of plutonium was transferred.
Alibaba's 'City Brain' is Slashing Congestion in Its Hometown
Platform uses real-time data to help ease traffic
January 15, 2019

Traffic used to be a frequent headache for residents in Hangzhou, the eastern Chinese city that's home to Alibaba.

The metropolis of 7 million people once ranked fifth among China's most congested cities, but it has now dropped to 57th on the list.

Alibaba (BABA) says that's because of one of its inventions, dubbed the City Brain, which uses artificial intelligence to gather information across Hangzhou, such as video from intersection cameras and GPS data on the locations of cars and buses.

The platform analyzes the information in real time as it coordinates more than 1,000 road signals around the city with the aim of preventing or easing gridlock.
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