43 Attorneys General Urge FTC to Take Action on Big Tech Competition, Privacy

Forty-three state attorneys general sent a letter to the Federal Trade Commission (FTC), urging it to take action on big tech privacy and competition.

Forty-three attorneys general (AGs) sent a letter, obtained by Breitbart News, to the FTC ahead of its Wednesday hearing on competition and consumer protection, which will include many prominent attorneys general such as Louisiana AG Jeff Landry, asking that the agency make reforms to protect consumers, consumer privacy, and competition in technology markets.

The AGs also suggested that the FTC should cooperate more with the state attorneys general on competition and technology platform issues.

The AGs said that the FTC “should require prior approval and/or prior notice for future acquisitions as part of more consent decrees in technology platform markets.”

They contended in the letter that “prior notice” or “prior approval” served as part of the FTC’s injunctive toolkit, which would give the FTC more power when delivering consent decrees.

However, the AGs said that the FTC, as well as the Department of Justice (DOJ), have not used prior notice or prior approval in any technology platform markets, such as Facebook, Google, or Amazon.

The AGs noted that Facebook, Google, and Amazon might often acquire upstart competitors to them and often are not subject to Hart-Scott-Rodino (HSR) antitrust reporting requirements.

The state lawyers noted that these “technology platform markets where network effects are pronounced — are particularly susceptible to acquisitions of nascent competition which may be anticompetitive but which are not subject to HSR reporting requirements.”

The AGs said that these agencies should consider utilizing prior notice and/or prior approval when the acquisition involves a technology platform.

“With dominant technology platforms likely to continue their practice of acquiring small market players before they have the opportunity to develop into serious challengers, this is a relatively low-cost method to ensure appropriate antitrust oversight,” the lawyers wrote to the FTC.

Big tech’s acquisition of entry competitors raises questions over whether their purchases might run afoul of antitrust practices or engage in anticompetitive behavior.

For instance, in 2018, when Facebook CEO Mark Zuckerberg was

accused

of having a monopoly, he claimed that the average American has eight other online social apps to communicate with, not just his platform. According to App Annie, however, Zuckerberg’s company owns three of the top ten apps in the United States. Further, Facebook acquired messaging competitor WhatsApp and rival social media platform Instagram.

The state attorneys general wrote that the HSR filing requirements could be amended to “encompass dominant firms’ acquisition of nascent competition.”

The AGs’ call for an expanded HSR requirement could open big tech’s acquisition of smaller competitors to more scrutiny by the FTC.

“Today, if Amazon were to acquire a startup with less than $18 million in sales or assets, that transaction would avoid current HSR filing requirements. Under this modification, if the startup has existed for fewer than five years, the filing requirement would be triggered,” the AGs wrote, citing a potential example.

The attorneys general then turned to privacy, contending that increased market power, especially on technology platforms, might reduce Americans’ privacy online.

“Enhanced market power in the data context provides greater opportunities to exploit consumer data and create greater switching costs for consumers,” the AGs wrote.

“If a merger between firms holding consumer data results in a reduction of privacy, that can mean a reduction in product quality,” they added.

The AGs then wrote that there should be greater transparency in the technology market surrounding Americans’ privacy, which would allow citizens to make more informed choices about “free” services and “may incentivize companies to compete on privacy.”

The attorneys general then cited at 2014 FTC report which stated that Congress should consider legislation that would enable Americans to access the information held by data and technology companies and opt out of the collection of the data if need be.

The ability to opt-out of technology data mining has been

proposed

by Sen. Marsha Blackburn (R-TN), through her Browser Act, which would require that Americans have to “opt-in” into a technology company’s data mining service and the company cannot deny a user from accessing the platform if they do not consent to the data mining.

The lawyers contended that this legislation could fix many of the problems surrounding the large bulk collection of private data that tech companies do when Americans use their services. They even cited that Apple CEO Tim Cook endorsed a proposal for a data broker clearinghouse, which would give Americans more control over their privacy.

“This could address the asymmetrical loss of privacy that occurs when consumers are subject to increasingly extensive monitoring without increased public awareness or oversight,” the AGs wrote.

Sean Moran is a congressional reporter for Breitbart News. Follow him on Twitter @SeanMoran3.

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NEARLY 1,700 Suspected Child Predators Arrested in DOJ Operation “Broken Heart”

The Trump Department of Justice arrested nearly 1,700 suspected child predators in operation “Broken Heart.”

The nation-wide campaign was conducted by the Internet Crimes Against Children task forces.

Via the Department of Justice website:

The Department of Justice today announced the arrest of almost 1,700 suspected online child sex offenders during a two-month, nationwide operation conducted by Internet Crimes Against Children task forces. The task forces identified 308 offenders who either produced child pornography or committed child sexual abuse, and 357 children who suffered recent, ongoing or historical sexual abuse or were exploited in the production of child pornography.

The 61 ICAC task forces, located in all 50 states and comprised of more than 4,500 federal, state, local and tribal law enforcement agencies, led the coordinated operation known as “Broken Heart” during the months of April and May 2019. During the course of the operation, the task forces investigated more than 18,500 complaints of technology-facilitated crimes targeting children and delivered more than 2,150 presentations on internet safety to over 201,000 youth and adults.

“The sexual abuse of children is repugnant, and it victimizes the most innocent and vulnerable of all,” Attorney General William P. Barr said. “We must bring the full force of the law against sexual predators, and with the help of our Internet Crimes Against Children program, we will. Over the span of just two months, our ICAC task forces investigated more than 18,000 complaints of internet-related abuse and helped arrest 1,700 alleged abusers. I would like to thank our Office of Justice Programs, all of the task force members, and especially the state and local partners who helped us achieve these important results. We are committed to bringing the defendants in these cases to justice and protecting every American child.”

The operation targeted suspects who: (1) produce, distribute, receive and possess child pornography; (2) engage in online enticement of children for sexual purposes; (3) engage in the sex trafficking of children; and (4) travel across state lines or to foreign countries and sexually abuse children.

The ICAC Program is funded through the Department’s Office of Juvenile Justice and Delinquency Prevention (OJJDP) within the Office of Justice Programs (OJP). In 1998, OJJDP launched the ICAC Task Force Program to help federal, state and local law enforcement agencies enhance their investigative responses to offenders who use the internet, online communication systems or computer technology to exploit children.

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Outrage: California stiffed farmers over land seized for high-speed rail route

Good Lord. More than three years after the state of California seized land through eminent domain for its high-speed rail boondoggle, the state has yet to pay farmers expenses they owe them. And in some cases, they still owe them for the land as well — even while it remains questionable whether the state will ever get around to using it:

Up and down the San Joaquin Valley, farmers have similar stories. The state can take land with a so-called order of possession by the Superior Court while it haggles over the price.

But farmers often face out-of-pocket costs for lost production, road replacement, repositioning of irrigation systems and other expenses, which the state agrees to pay before the final settlement.

Those payments and even some payments for land have stretched out to three years. State officials have offered endless excuses for not paying, the farmers say.

Eminent domain, the legal process by which government takes private land, is complicated enough, particularly in California with a maze of agencies involved. But the rail authority’s constantly changing plans, thin state staff and reliance on outside attorneys have made it more difficult, some say.

We’re not talking about chicken feed, either. One farmer is waiting for California to fork over $1.9 million for the past three years. Even farmers who voluntarily sold land haven’t been paid for it. One tells the Los Angeles Times’ Ralph Vartabedian that he’s still waiting for his $630,000.

Not everyone’s waiting for their money. Some are no longer in a position to collect it, as was the brother-in-law of the farmer waiting for his voluntary-sale proceeds:

Carter’s brother-in-law, Vince Carter, also could not collect money for farm property that the California High-Speed Rail Authority took, which gave him a “lot of frustration,” Ray Carter said. “He died of a heart attack. I think it played a role in what happened.”

Now that most of the project has been put off indefinitely, the land seizures could end up standing as silent — and barren — testimony to bureaucratic idiocy. The farmer wondered all along why the state didn’t just choose to run the high-speed rail parallel to Interstate 5, which already has a straight line through California’s interior and its own right of way, rather than destroy productive agricultural resources. The state has destroyed all that production and damaged other agricultural investments all while failing to admit that they can’t figure out how to make the project work at all.

And they can’t even figure out how to pay for the land they took, nor for the damage they did. Small wonder that one of the attorneys involved analogized the situation to one of the world’s most famous military disasters. “I would draw an analogy to Napoleon’s invasion of Russia,” Mark Wasser told Vartabedian. In a state with a healthy electorate, voters would hold the high-speed-rail-supporting politicians responsible for this disaster, but this project’s not the only thing in California that runs like Napoleon’s invasion of Russia.

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How could Ken Cuccinelli be named “acting” head of USCIS if he didn’t work at the agency?

His first day on the job was yesterday, as “acting” head of the entire department. Normally an acting director is someone who’s already been at the agency for awhile, knows how things work, and can step into the director’s role in a pinch when there’s a vacancy to keep things running smoothly. (E.g., the deputy director.) The whole point of having an acting director is to have someone experienced do the job while the president looks for a permanent replacement. If the president ultimately decides he wants to bring in a permanent replacement who has no experience, that’s A-OK: Just follow the Constitution, submit his or her name to the Senate, and wait for confirmation. That’s the way things are supposed to work.

So how did we end up with a director at USCIS who has no experience but who also hasn’t been confirmed by the Senate?

Simple answer: The White House is using procedural chicanery to install Cuccinelli as acting director because they know he’ll be rejected by the Senate. This is, in other words, a blatant end-run around the Constitution’s advice-and-consent requirement for principal officers, because a Republican Senate won’t do the president’s bidding. If I were McConnell, I’d sue.

USCIS said in the announcement Monday that Cuccinelli would become acting director, but later clarified to POLITICO that his official title is “principal deputy director.”

The newly created position will allow Cuccinelli to run the agency without dismissing USCIS deputy Mark Koumans, according to one current and one former DHS official familiar with the plan. The officials expected the administration to make the “principal deputy director” position the top role in the department, which would allow Cuccinelli to become acting director under a provision of the Federal Vacancies Reform Act.

To see what’s going on here you’re better off reading law professor Steve Vladeck’s short but useful post at Lawfare on the loophole in the Federal Vacancies Reform Act that Trump is exploiting. The FVRA says that if the director of an agency resigns, as happened with USCIS, then the president can choose one of three temporary replacements while he looks for a permanent successor: (1) The director’s “first assistant,” i.e. the deputy director; (2) someone who already holds a job in the executive branch *and* was confirmed by the Senate for that position; (3) someone who’s been at the agency for at least 90 of the past 365 days. Those options are true to the spirit of the choice I described above. You can name someone “acting” director without Senate confirmation so long as they have experience, or you can name someone without experience so long as they have Senate confirmation. But it needs to be one or the other. You can’t lack both.

Cuccinelli lacks both. So how’d he land this job?

The answer, says Vladeck, is in the excerpt I quoted above. Trump essentially elevated Cuccinelli to the role of “first assistant” to the vacant directorship by creating the position of “principal deputy director” for him, something that can be done in this case via regulation rather than congressional statute. By doing that, he bumped the actual deputy director, Mark Koumans, down a notch on the bureaucratic ladder. With Cuccinelli now Koumans’s superior, he became the new “first assistant” to the vacant director — even though he never actually worked for the old director — and thus, for purposes of the FVRA, he can now be named acting director of the agency. Which, under the FVRA, could keep him in place for the next 210 days as a “temporary” appointee lacking any Senate confirmation.

And if Trump decides to ignore that 210-day limit and keep Cuccinelli on indefinitely, who’s going to stop him?

The entire point of this maneuver is to flout the constitutional requirement for Senate confirmation and appoint someone who’s accountable exclusively to the president. We went through this last year when Trump pulled a similar move at the DOJ with Matt Whitaker, appointing him to be Jeff Sessions’s chief of staff after Whitaker had said some skeptical things about the Mueller investigation on television and then eventually elevating Whitaker to the role of acting AG after the axe finally fell on Sessions. At least in that case Whitaker worked for Sessions and the DOJ for a year before being named acting AG. Cuccinelli is coming into USCIS completely cold, with Trump not even making a pretense that he’s interested in finding a permanent director anytime soon. What’s more, he’s doing this after members of his own party told him emphatically through the media that Cuccinelli would be DOA in a confirmation hearing because of his attacks on establishmentarians like Mitch McConnell in the past. Not only is he unconfirmed, in other words, he’s unconfirmable. The Senate has given its advice to the president informally and they do not consent to Cuccinelli’s appointment. His nomination has been effectively rejected. Trump doesn’t care, so long as he has a loophole in the FVRA he can exploit.

Given how blatant POTUS is being about dodging the constitutional “advice and consent” requirement *and* the FVRA’s “experience or Senate confirmation” statutory requirement, it’s a cinch that Cuccinelli’s appointment will be challenged in court. Question for legal eagles, then: Who’s best positioned to have standing here? I assume McConnell won’t sue no matter how annoyed he is, but wouldn’t someone affected by a USCIS policy conceivably have standing to sue on grounds that Cuccinelli’s orders lack the force of law because he was never lawfully appointed? Exit quotation:

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Google CEO Confirms You Don’t Even Need To Violate Policies To Be Censored

It has become increasingly apparent that the major Silicon Valley tech companies hold a liberal bias against conservatives, and though those firms routinely deny it, the mask of unbiased nonpartisanship has continued to slip as these firms receive pushback for their one-sided ideological activities. The latest tech firm to let the mask slip is Google,…

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U.S.-Mexico Deal Will Not Impact Amnesty Pipeline for MS-13 Gang

A plan struck by President Trump between the United States and Mexico to help stem soaring levels of illegal immigration at the southern border will not impact an amnesty pipeline for unaccompanied minors and their illegal alien relatives — a tool often used by the MS-13 Gang to grow membership.

A recent deal Trump has settled with Mexican officials will allow the U.S. to return adult border crossers and the children they arrive at the southern border with to Mexico while they await their asylum and immigration proceedings.

Effectively, as Breitbart News has reported, the deal is likely to end the mass catch and release of illegal adult border crossers and the children they bring with them.

Unaffected by the deal, though, is an amnesty pipeline for Unaccompanied Alien Children (UACs) and the illegal alien sponsors and family members they are often released to in the U.S. that was out in place by a GOP-Democrat-approved spending bill months ago.

“The UACs are still going to be allowed in and even worse, because of the spending bill that passed a few months ago,” Center for Immigration Studies Director of Policy Jessica Vaughan told SiriusXM’s Breitbart News Tonight.

LISTEN:

The spending package, approved by Republicans and Democrats in Congress in February, prevents federal immigration officials from deporting any illegal alien who has contact with an unaccompanied minor that has been resettled in the U.S. after crossing the southern border.

Federal officials have repeatedly noted how the UAC program has been widely used by the MS-13 gang to import more gang members into the country.

Last year, New York City Immigration and Customs Enforcement (ICE) official Angel Melendez said there are roughly 22,000 UAC “potential recruits” who are resettled across the country every year out of about 40,000 total UACs. These are mostly young men trafficked across the southern border from Central America, especially El Salvador.

According to Vaughan, in about 80 percent of cases, an unaccompanied minor is released into the U.S. to an illegal alien sponsor. In the majority of those cases, the sponsor is a family member.

Illegal immigration at the U.S.-Mexico border has soared to record levels not seen since President Bill Clinton. Last month, alone, more than 132,000 border apprehensions were made and the Department of Homeland Security (DHS) has previously admitted that all adult border crossers arriving with children are being released into the interior of the country. At current illegal immigration levels, researchers project there to be more than a million illegal crossings by the end of the year.

John Binder is a reporter for Breitbart News. Follow him on Twitter at @JxhnBinder

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Watch: Candace Owens Slams Celebrities Threatening to Boycott Pro-Life States

Blexit founder Candace Owens slammed celebrities who threaten to boycott states that pass legislation prohibiting women from getting an abortion after their child’s heartbeat is detected.

Owens offered her remarks at Turning Point USA’s (TPUSA) Young Women’s Leadership Summit in Dallas, Texas.

“I aspire to that much narcissism to think that [people] think that if I don’t show up today, then people should put laws in place,” quipped Owens regarding celebrities who threaten to boycott states in reaction to pro-life “heartbeat” legislation.

“Nobody cares what you think, nobody cares where you live, nobody cares where you work currently,” continued Owens, “The idea that [celebrities] are these mythical gods that everyone needs to respond to according to their opinions is wrong — it’s dying.”

“And personally, I think real estate will go up,” said Owens, “If I knew that Chelsea Handler and Alyssa Milano weren’t going to be there, I’d consider living there, in those states.”

Owens kicked off TPUSA’s Young Women’s Leadership Summit on Thursday in Dallas, Texas, where about 1,500 young women gathered from all over the country to hear from prominent figures in the conservative movement.

You can follow Alana Mastrangelo on Twitter at @ARmastrangelo, on Parler at @alana, and on Instagram.

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Virginia Democrat Who Was Charged With Sex With a Minor Wins Primary

Former state legislator Joe Morrissey, who in 2014 was charged with sex with a minor, won Tuesday night’s Democratic primary for Virginia’s 16th Senate District, defeating an incumbent senator who had the support of Gov. Ralph Northam (D.).  

Morrissey, who served in the House of Delegates earlier in the decade, defeated Democratic state senator Rosalyn Dance by over ten points. Dance had touted an endorsement from the scandal-plagued Northam and campaigned with the governor in the final weekend of the campaign.

"The Governor strongly supports Senator Dance for reelection," a campaign adviser for Northam told the Washington Post.

In 2015, Morrissey pleaded guilty to a misdemeanor for contributing to the delinquency of a minor after he, who was in his fifties at the time, was accused of having sexual relations with a 17-year-old receptionist at his law office when Virginia’s age of consent is 18. He would later marry the receptionist and they have two children.

During the court proceedings, Morrissey also faced reprimands from bar prosecutor for allegations his "defense amounted to a ‘fraud perpetrated on the court.’" He would eventually have his law license revoked over the allegations, marking the second time Morrissey had been disbarred.  

Despite the scandal and ensuing legal battle, Morrissey continued to serve in the legislature during a six-month jail term, and eventually he ran for Richmond mayor in 2016, coming in third.

He also created a stir when he and his wife and former receptionist Myrna took photographs in "old-timey" antebellum outfits, despite the fact that black women like Myrna were enslaved in Virginia before the Civil War.

Launching his campaign earlier this year, Morrissey vowed to advocate for a variety of progressive issues, if voters sent him back to the state legislature, including a higher minimum wage and marijuana decriminalization. He also focused his campaign on tackling local issues such as fighting potholes and lowering electric bills.

Morrissey will almost certainly win, since the seat has consistently been won by Democrats in previous general elections.

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Border crisis: Texas town overrun with crime & disease, and this mayor has had ENOUGH

“From my standpoint, I don’t even know why we have federal elected officials,” said Uvalde, Texas, Mayor Don McLaughlin in an exclusive interview with CR.

Uvalde, Texas, is a small town of 17,000 inhabitants, and they are now overrun by illegal immigrants and an international cartel smuggling operation. Uvalde is 40-60 miles from the border, but it might as well be right at the border. “We are in no man’s land. The state is not doing anything; the federal government is not doing anything,” said the mayor, who is begging the politicians to get involved. “We are getting nothing. I’ve lived here all my life and have never seen anything like this. The people in the communities are getting scared. What is coming that we don’t see? Who knows? People up north and in D.C. have no clue what is going on here. They don’t realize that these people are not being screened for diseases. We’re fed up.”

Situated at the crossroads of major highways coming up from border towns in the Laredo and Del Rio border sectors, Uvalde has now become a dumping ground for migrants coming north. And they are not just coming from Central America. Del Rio has received hundreds of African migrants in recent weeks. Uvalde has a Border Patrol holding facility, and according to McLaughlin, whenever it is full, if the city doesn’t take charge, many immigrants are released in a Walmart parking lot. Mayor McLaughlin said his city must pick up the tab to have them bused to San Antonio. On Friday, local media reported how San Antonio has now received hundreds of African migrants.

“In Uvalde, Border Patrol told us if we didn’t have buses ready right at the holding facility, they would have released them in a parking lot at a Walmart or a Stripes. This is what’s happening in outlying areas, but thanks to our working relationship with Border Patrol, we make sure to have buses ready. We just don’t have the facilities for them. We have to pay for these buses out of our pockets, and are citizens are mad.”

But it’s the people they don’t see who concern residents of Uvalde the most. “In addition to those being released in parking lots to get bused into San Antonio, what we are really concerned about is the increased foot traffic to our community. We have checkpoints on highway 90 and 83. The migrants are walking around the checkpoints. Now we are starting to see more calls to police of people walking through the neighborhoods, [of] finding car doors open [and] storerooms open. The Border Patrol is seeing this on their cameras, but they just don’t have the agents to respond. The foot traffic around the checkpoints has increased by 100 percent.”

McLaughlin is worried about crime. “With the Border Patrol so busy with the family units, we are seeing an increase in the bad guys. Our DPS and local authorities in surrounding communities are having more car chases. When they crash the cars, all of the smugglers bail out. Border Patrol can’t always respond, so we need to take officers and deputies to track down these people. Three weeks ago, we had a group come right in middle of town, they bailed out and we had to put all our schools on lockdown. We caught all eight individuals, but it took all day.”

In addition, McLaughlin said that there are often dozens of illegal immigrants piled on freight trains coming into his town. He said Border Patrol often lacks the resources to to check the freight trains, but recently they have caught as many as 35 in a single group. “These are the bad guys with criminal records. According to Border Patrol, 99 percent of these guys on those trains are bad guys and have criminal records. They can’t get in any other way, so they’re sneaking in on freight trains.”

McLaughlin noted that he called his Republican congressman, William Hurd, as well as the two Texas senators, the governor, and the state attorney general, but can’t get any meaningful response from them. “I don’t hear any of them prioritizing this issue. We had a citizen last week who was just on his property right where they stopped the freight train. Some of the illegals got off the train, got on his property, and confronted him. One of them started to get aggressive and the guy threatened him. That night he and his family couldn’t sleep. His grandkids won’t even come over any more to swim in the pool unless he sits there with a shotgun. That’s how much traffic we’re getting here right in Uvalde. He’s a farmer who’s been here all his life and is now thinking of moving.”

“There are ranchers around here seeing more break-ins and vehicles being stolen. It’s just a sad situation. We’ve dealt with immigration all our life, but we never had a problem of this magnitude. And most of them who used to come through were congenial people and we didn’t have to worry. Now they are aggressive. Some are coming to hunting camps and robbing the hunters.”

I heard a similar story earlier this year from county officials in New Mexico on how they see a huge change in the attitude of some of the migrants coming in through this wave from the past, even though they’ve been dealing with illegal immigration for many years.

Then of course there are the drugs. “Border Patrol is so busy with the families that the cartels are increasing the flow of narcotics with impunity,” warns McLaughlin.

Finally, there are the health issues. “They are taking them into a 10×10 room and asking them if they are OK. They have no idea what diseases they are carrying. We had two people quarantined here in Uvalde with the mumps, and there might be a third case. They are not doing anything to check these people for other diseases.”

Hidalgo County, Texas, already has 46 confirmed cases of mumps in the country. As I reported before, while Border Patrol screens out those in need of triage, there is no mechanism to ensure that all these migrants who don’t exhibit apparent symptoms of diseases in front of them are safe to be released.

Now, with the influx of Africans, particularly into the Del Rio Sector, the mayor said there is widespread concern of other diseases such as Ebola.

The small-town mayor is simply stupefied that major Texas state and federal politicians of both parties are not making a bigger deal of what’s going on. “Why don’t they hold a press conference attracting national attention? It’s going to take someone being killed in our community before we get the national attention.”

The tragedy of towns like Uvalde and similar areas in Texas is that they have a great history of doing immigration the right way. “We’re close to 90 percent Hispanic, and our community does not want these people in town. They get very upset they are being released here. They ought to be doing it like their grandparents did. They did it legally. These people are mad as hell.”



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