A.G. Schneiderman Announces $100,000 Settlement With TRUSTe Over Flawed Privacy Certification Program For Popular Children’s Websites

TRUSTe's Failures Left Visitors To Popular Children's Websites Vulnerable To Illegal Tracking Technology 

Children's Online Privacy Protection Act (COPPA) Imposes Major Restrictions On Online Tracking Of Children Under Age 13  

  Attorney General Eric T. Schneiderman today announced a settlement with True Ultimate Standards Everywhere, Inc. (“TRUSTe”), in connection with the company's failure to adequately prevent illegal tracking technology from surfacing on some of the nation's most popular children's websites. TRUSTe's failure to adequately assess its customers’ websites, which included Roblox.com and Hasbro.com, left underage visitors to those websites vulnerable to illegal tracking prohibited under the federal Children's Online Privacy Protection Act (COPPA). 

As part of the settlement, TRUSTe will pay a penalty of $100,000 and adopt new measures to strengthen its privacy assessments. Today's settlement is the first time any state or federal law enforcement agency has taken action against the operator of a privacy certification program for children’s websites.

“Companies entrusted with protecting children’s privacy online have a responsibility that my office takes seriously – now, more than ever before,” said Attorney General Schneiderman. “TRUSTe failed to meet its obligations to keep children safe from the prying eyes of online trackers and its customers within the parameters of the law.  My office is committed to protecting children online and will continue to hold accountable those who violate this or any other online privacy statute.”  

The settlement announced today concerns TRUSTe’s Children’s Privacy Program, a “safe harbor program,” designed to assess website operators’ compliance with COPPA. COPPA encourages operators of children’s websites to participate in such programs by providing a safe harbor from enforcement actions to operators that comply with safe harbor program rules.

As the operator of a COPPA safe harbor program, TRUSTe is required to conduct a comprehensive review of website operators’ policies, practices, and representations at least once per year to assess operators’ compliance with COPPA. The Attorney General’s office found, however, that TRUSTe’s annual reviews failed to adhere to the company’s own policies in the following critical respects:

• Although TRUSTe conducted electronic scans of customers’ websites for third-party tracking technology prohibited by COPPA, in many cases TRUSTe omitted most or all of its customers’ children’s webpages from its scans. TRUSTe therefore could not determine whether unexpected third party tracking technologies were present on these customers’ children’s websites.
• In many cases, TRUSTe failed to provide its customers with relevant results from its electronic scans, including some of the third party tracking technologies that TRUSTe had detected.  This deprived TRUSTe’s customers of an opportunity to analyze the results to identify tracking technologies that violate COPPA.
• TRUSTe accepted customers’ representations that third party tracking technologies found on their children’s websites did not violate COPPA instead of independently determining whether the tracking technologies violated COPPA. 

These failures allowed COPPA violations to continue on children’s websites. The settlement requires that TRUSTe implement a more rigorous privacy assessment process for its COPPA safe harbor program, including: 

• TRUSTe must conduct electronic scans of a substantial portion of each of its customers’ children’s websites for tracking technologies prohibited by COPPA.  Only dedicated employees with expertise and experience operating TRUSTe’s scanning software may conduct the scans. After scans have completed, employees must verify that each scan was conducted properly.
• TRUSTe must disclose to its customers every third party tracking technology identified through TRUSTe’s scans.  
• TRUSTe must require that its customers provide information about the third parties operating on the customers’ children’s websites, including the types of information each third party collects and how that information is used.  
• TRUSTe must review the information that customers provide to determine whether each of the identified third party tracking technologies violates COPPA.
• TRUSTe must maintain a database of third party tracking technologies to assist in its determination of whether identified third party tracking technologies violate COPPA.

The Office of the Attorney General thanks the Federal Trade Commission for its assistance in this case.

This is the second announcement made in connection with “Operation Child Tracker,” the Attorney General’s ongoing investigation into the illegal tracking of children’s online activity by marketers, advertising companies, and others.  In September 2016, the Attorney General announced that his office had entered into settlements with four companies that had violated COPPA by allowing illegal third-party tracking technologies on some of the nation’s most popular kids’ websites, including websites for Barbie, Nick Jr., My Little Pony, American Girl, Hot Wheels, and dozens of others.  Those companies agreed to pay penalties totaling $835,000 and to adopt comprehensive reforms to protect children from improper tracking and the collection of children’s personal information in the future.

Ten Members Of Westchester-Based Crew Charged In White Plains Federal Court With Robbery And Firearms Offenses, Among Other Crimes

Crew members are alleged to have committed at least nine robberies and over 50 commercial burglaries in the greater New York City area.

   Joon H. Kim, the Acting United States Attorney for the Southern District of New York, Anthony A. Scarpino, Jr., District Attorney for the County of Westchester, and William F. Sweeney, Jr., Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced today the unsealing of an Indictment charging ten individuals with participating in a conspiracy to commit robberies, including at least nine robberies and attempted robberies that occurred in Westchester County and the Bronx, New York. The indictment also charges certain defendants with carrying, brandishing, and discharging firearms in connection with the robbery conspiracy, as well as other theft-related offenses.

Seven of the defendants charged were taken into custody today. Three defendants, JASON AUZA, GUILLERMO FERNANDEZ and KASEAN GALLOWAY, were already in state custody on other charges. All of the defendants arrested today will be presented before U.S. Magistrate Judge Paul E. Davison in White Plains federal court this afternoon.

Acting U.S. Attorney Joon H. Kim said: “As alleged, the ten defendants charged today went on a brazen crime spree across Westchester and the Bronx, robbing and attempting to rob at least nine businesses and drug dealers, often armed with guns. We are grateful to all of our law enforcement partners for their work in bringing the dangerous alleged crimes by this determined crew to an end.”

Westchester County District Attorney Anthony A. Scarpino, JR. said: “I applaud the outstanding police work that enabled us to apprehend these dangerous criminals. This inter-agency collaboration is critical to our efforts to bring down these gangs who have been terrorizing our citizens over the past two years.”

FBI Assistant Director-in-Charge William F. Sweeney, Jr. said: “As we allege, robberies and burglaries were the profit making ways of the 10 members of a loosely organized criminal charged group today. Sometimes armed, sometimes not, this crew varied their targets from commercial establishments to drug dealers. Getting criminal groups off our streets is the mission of the Westchester County Safe Streets Task Force and I’m proud to say today’s arrest meets that mission. I commend the FBI agents and the task force detectives and officers on their hard work and collaboration in bringing this investigation towards prosecution.”

According to the allegations in the Indictment and other publicly filed documents[1]:

From at least 2012 to in or about December 2016 ALEX AYALA, a/k/a “Al Bundy,” JASON AUZA, DENNIS BROWN, a/k/a “Bundles,” NELSON CARTAGENA, ANDRE EMILIEN, a/k/a “Dre,” ELBIO ESPAILLAT, a/k/a “LB,” GUILLERMO FERNANDEZ, a/k/a “Chino,” KESEAN GALLOWAY, a/k/a “K,” JOHN NASSAR, a/k/a “Mush,” a/k/a “Big Johnny,” and PAUL VALLARO, were members of a loosely organized criminal crew based primarily in Westchester County, New York (the “Crew”). Members of the Crew worked together to enrich themselves and their fellow Crew members through thefts, burglaries, and robberies, both armed and unarmed. From 2015 to December 2016, members of the Crew burglarized over 50 commercial establishments in Westchester, Rockland, Putnam, Dutchess, and Fairfield (CT) Counties. With respect to robberies, members of the Crew targeted both commercial establishments and drug dealers. Additionally, members of the Crew worked together to sell drugs, including drugs stolen from drug dealers during robberies and other thefts, and shared in the profits from those sales.

Count One of the Indictment charges AYALA, AUZA, BROWN, CARTAGENA, EMILIEN, ESPAILLAT, FERNANDEZ, GALLOWAY, and VALLARO with conspiring to commit Hobbs Act robberies. Count Two charges FERNANDEZ and NASSAR with robbing a pizzeria employee at gunpoint in the vicinity of Morsmere Avenue in Yonkers on October 5, 2012. Count three charges AYALA, AUZA, CARTAGENA, FERNANDEZ, GALLOWAY, and VALLARO with using and carrying firearms, some of which were brandished and discharged, during and in relation to the robbery conspiracy charged in Count One. Court Four charges FERNANDEZ and NASSAR with using, carrying and brandishing firearms during and in relation to the robbery charged in Count Two. Count Five charges CARTAGENA with transporting over $25,000 in stolen goods across state lines in connection with a commercial burglary in Connecticut on December 2, 2016. Count Six charges GALLOWAY with committing a carjacking in Yonkers on February 21, 2016.

Charts containing the names, ages, residences, charges, and maximum penalties for the defendants are set forth below. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.

Mr. Kim praised the outstanding investigative work of the FBI’s Westchester County Safe Streets Task Force, which is comprised of agents and investigators from the FBI, the United States Probation Office, the Westchester County District Attorney’s Office, the Westchester County Department of Public Safety, the New York City Police Department, the City of Yonkers Police Department, the City of Peekskill Police Department, and the Mount Vernon Police Department.

Mr. Kim also thanked the following law enforcement agencies for their assistance: the Westchester County Department of Public Safety, the Bedford Police Department, the Irvington Police Department, the Greenburgh Police Department, the Yorktown Police Department, the Mount Pleasant Police Department, the Village of Pleasantville Police Department, the Clarkstown Police Department, Town of Kent Police Department, the Putnam County Sheriff's Office, the New York State Police, the Ridgefield (CT) Police Department, and the Danbury (CT) Police Department.

The case is being handled by the Office’s White Plains Division. Assistant U.S. Attorneys Kathryn Martin and Scott Hartman, and Special Assistant U.S. Attorney Lauren Abinanti, of the Westchester County District Attorney’s Office, are in charge of the prosecution.

The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

UNITED STATES v. AYALA, ET AL., 17 Cr. 202 (___)

DEFENDANT	AGE	CITY OF RESIDENCE	CHARGES	MAX SENT.
AYALA, ALEX a/k/a “Al Bundy”	37	Bronx,      NY	Hobbs Act Robbery Conspiracy 18 U.S.C. § 1951 Firearms Offense 18 U.S.C. § 924	20 Years   Life
AUZA, JASON	27	Yonkers,    NY	Hobbs Act Robbery Conspiracy 18 U.S.C. § 1951 Firearms Offense 18 U.S.C. § 924	20 Years   Life
DENNIS BROWN a/k/a “Bundles”	36	Yonkers,    NY	Hobbs Act Robbery Conspiracy 18 U.S.C. § 1951	20 Years
NELSON CARTAGENA	30	Yonkers,  NY	Hobbs Act Robbery Conspiracy 18 U.S.C. § 1951 Firearms Offense 18 U.S.C. § 924 Interstate Transportation of Stolen Property 18 U.S.C. § 2314	20 Years   Life     10 Years
ANDRE EMILIEN a/k/a “Dre”	33	Yonkers,  NY	Hobbs Act Robbery Conspiracy 18 U.S.C. § 1951	20 Years
ELBIO ESPAILLAT a/k/a “LB”	42	Bronx,   NY	Hobbs Act Robbery Conspiracy 18 U.S.C. § 1951	20 Years
GUILLERMO FERNANDEZ a/k/a “Chino”	43	Yonkers,  NY	Hobbs Act Robbery Conspiracy 18 U.S.C. § 1951 Hobbs Act Robbery 18 U.S.C. § 1951 Firearms Offense 18 U.S.C. § 924	20 Years   20 Years   Life
KASEAN GALLOWAY a/k/a “K”	20	Yonkers,  NY	Hobbs Act Robbery Conspiracy 18 U.S.C. § 1951 Firearms Offense 18 U.S.C. § 924 Carjacking 18 U.S.C. § 2119	20 Years   Life   15 Years
JOHN NASSAR a/k/a “Mush” a/k/a “Big Johnny”	42	Yonkers,  NY	Hobbs Act Robbery 18 U.S.C. § 1951 Firearms Offense 18 U.S.C. § 924	20 Years   Life
PAUL VALLARO	39	Elmsford,  NY	Hobbs Act Robbery Conspiracy 18 U.S.C. § 1951 Firearms Offense 18 U.S.C. § 924	20 Years   Life

[1] As the introductory phrase signifies, the entirety of the text of the Indictment, and the description of the Indictment set forth herein, constitute only allegations, and every fact described should be treated as an allegation.

BRONX LAWYER INDICTED FOR FAILING TO FILE STATE TAXES FOR THREE YEARS

Defendant Also Did Not Secure Workers’ Compensation for Employees; Owes NYS Hundreds of Thousands of Dollars in Taxes and Workers’ Comp Liabilities 

  Bronx District Attorney Darcel D. Clark today announced that a Bronx attorney who practices real estate law has been indicted on several economic crimes spanning six years, including repeatedly failing to file income taxes and failing to secure Workers’ Compensation for her employees. 

  District Attorney Clark said “For years, this defendant allegedly blatantly ignored several financial obligations. Such disrespect of the law is especially shocking coming from an attorney and it is ultimately a slap in the face of hardworking taxpayers.” 

  New York State Department of Taxation and Finance Acting Commissioner Nonie Manion said, “All New Yorkers are obligated to pay their fair share of taxes in a voluntary, timely manner. When that doesn’t happen, our agency, working with other law enforcement organizations, will take action. We thank the Bronx District Attorney for prosecuting this case.” 

  District Attorney Clark said that defendant, Kathleen Bradshaw, 53, of Ardsley, N.Y., was arraigned on April 6, 2017 before Bronx Supreme Court Justice George Villegas. She is due back in court on May 10, 2017. She faces up to four years in prison if convicted.

  Bradshaw was indicted on Repeated Failure to File Personal Income and Earnings Taxes, first-degree Offering a False Instrument for Filing and three felony counts of Failure to Secure Workers’ Compensation and one misdemeanor count of Failure to Secure Workers’ Compensation. She owes the state hundreds of thousands of dollars in taxes and Workers’ Compensation liabilities. According to the investigation, 

  Bradshaw allegedly failed to file New York State taxes from 2009 to 2011. She also allegedly falsely reported information on a 2014 NYS-45 form. Furthermore, Bradshaw allegedly violated the Workers’ Compensation Law, failing to provide coverage for her employees from 2012 to 2015. 

  District Attorney Clark thanked the NYS Department of Taxation and Finance’s Criminal Investigations Division for their valuable assistance in this investigation.

An indictment is an accusatory instrument and not proof of a defendant’s guilt. 

Statement from Congressman Member Michael A. Blake on U.S. military strike against the Syrian government

Statement from Congressman Member Michael A. Blake on U.S. military strike against the Syrian government

Bashar Assad is a merciless dictator in Syria whose actions are barbaric and inhumane.  His latest chemical warfare attacks have taken the lives of many of his own people, especially innocent women and children.  This behavior in Syria has already lead to a strong response by the United States going back to 2014 under President Obama, where he sought Congressional approval.

While I do acknowledge that swift and decisive action is necessary, the need for Congressional authorization and oversight is equally critical.  Let us remember that in 2013, 183 Republicans voted against President Obama plan to take action.  In September 2014, as part of a Coalition campaign against ISIS, the U.S began launching attacks against ISIS in Syria under the leadership of President Obama.

The reports, that the Russian government appear to have had more information and at a much earlier time than our own Representatives in government, are of great concern. The U.S. Intelligence community has a duty to share its intelligence with the legislative branch so that they may make informed and impartial decisions on matters of national security.

Yes, Assad must be shown that his wanton disregard for human life will not continue without harsh response.  But, let us ensure that we live up to our values set forth by the Constitution, and respect all branches of government and the representatives we elect to serve.

If we are truly the compassionate and welcoming nation that we proclaim to be, we must welcome Syrian refugees fleeing violence in their country. To strike their country, which plays such a critical role in the displacement of these refugees while previously and continuously saying that they are not welcome is utterly inhumane and flies in the face of our values as Americans.

STATEMENTS FROM MAYOR BILL DE BLASIO AND BRONX BOROUGH PRESIDENT RUBEN DIAZ JR. ON STATE SUPREME COURT RULING

  STATEMENT FROM MAYOR DE BLASIO ON STATE SUPREME COURT RULING PROTECTING IDNYC INFORMATION

“With this decision the State Supreme Court protected the personal information of a million New Yorkers. IDNYC was created to protect people and connect them to vital services and today’s decision ensures it will continue to do just that. We applaud the ruling and will fight any attempt to appeal it.”

STATEMENT FROM BOROUGH PRESIDENT DIAZ

RE: Court Ruling on IDNYC

“IDNYC is a critical resource for all New Yorkers, and today’s ruling is the correct decision. Given the dramatic changes we have seen in Washington regarding immigration and other issues it is important that the data of every New Yorker, be they undocumented or not, is protected. Today’s ruling will allow us to do just that,” said Bronx Borough President Ruben Diaz Jr. 

STATEMENT FROM STATE SENATOR GUSTAVO RIVERA ON DISSOLUTION OF NEGOTIATIONS TO REACH BUDGET AGREEMENT

"The dissolution of negotiations to reach a final budget agreement yesterday is deeply disappointing. New Yorkers elected us not only to represent them honorably and responsibly but, more importantly, to find common sense legislative solutions to the significant challenges they face daily.

At a time when Washington is adopting a destructive course, we cannot allow for shortsighted political games to jeopardize the lives of the more than 19 million New Yorkers we serve. I urge Governor Cuomo to work with Democratic Leader Stewart-Cousins and Assembly Speaker Heastie to pass a budget that truly reflects democratic values on issues such as Raise The Age and 421-a.

We need to pass a budget that will resolve the issues faced by New Yorkers, not implement half measures that will continue to pose challenges for our residents."

IDC Protects Immigrant Communities with Largest Legal Aid Fund in State History

$10 million will be used to provide vital legal services, help immigrants apply for citizenship, job training & more

The Independent Democratic Conference made the largest commitment to immigrant legal aid in New York State history — securing $10 million for services in the 2017-2018 budget.

IDC members worked with Gov. Cuomo to secure this major fund which will work in conjunction with Governor Cuomo’s Liberty Defense Project.

Immigrant and legal defense groups praised the IDC for their steadfast commitment to immigrant rights. Funding awards include: $4 million to the Vera Institute of Justice, $1 million to the New York Immigration Coalition, $1 million to the Empire Justice Center, $1 million to the Northern Manhattan Immigration Coalition for Immigrant Rights, $2 million to the Hispanic Federation and $1 million to Catholic Charities Community Services.

“This is a country built by immigrants and we must do everything we can to protect our immigrant communities. These vital funds knock down the financial wall immigrants face during deportation hearings by providing free legal assistance. The Independent Democratic Conference recognized the true urgency for funding immigrant legal defense services and delivered to ensure that families aren’t torn apart. I want to thank Gov. Cuomo on behalf of the IDC for his leadership on this critical issue,” said IDC Leader Jeff Klein.

“America is a nation of immigrants and the Independent Democratic Conference is proud to protect our immigrant communities through this $10 million investment to help prevent deportations and help immigrants apply for citizenship. This funding will make a positive difference in the lives of immigrant families who want nothing more than the American Dream,” said IDC Deputy Leader David Valesky.

“As an immigrant and the daughter of an immigrant, I am gratified that New York State has chosen to stand behind immigrant communities.  Serious inequities exist in deportation court that lead to unnecessary deportations, broken families, and communities that live in fear of their government. This $10 million in state funding for immigrant legal defense will go a long way towards ensuring that the immigration process is fair to all parties involved and that New York welcomes and values its immigrant communities,” said Senator Marisol Alcantara.

“We are living in different times, and a sign of that is the urgent need we have to protect our immigrant communities more than ever. The IDC is committed to helping immigrants as a part of this year’s budget process, and this is a clear, unquestionable way of doing just that. We are a city, a state, a country of immigrants, and no one can change that. My door is always open to anyone, who like my parents, came here searching for the American Dream,” said Senator Jose Peralta.

“Now more than ever, immigrant families in New York are uneasy about the actions being taken at the federal level and the fear of deportation or losing a family member to deportation is indescribable. Those facing immigration actions have an exponentially higher chance of winning their cases when they have legal representation. That’s why the IDC worked to secure this critical funding to ensure that across the state public defenders are available for those in deportation court,” said Senator Diane Savino.

“Funding immigrant defense initiatives is a matter of human dignity that will help keep families together.  These families do not deserve to be targeted unfairly and be forced to live in fear as law abiding citizens.  I’m glad New York is continuing to stand up for the diversity that makes our State what it is,” said Senator David Carlucci.

“This country was built on the backs of immigrants who came here looking for a better life for them and their families, many of them fleeing persecution. I am proud to be part of  the fight to fund programs that provide necessary aid to immigrant communities and will continue to ensure that any person who needs help or resources knows that my office door is open to assist them. This historic funding shows that our state will continue to support and protect every New Yorker regardless of their origin,” said Senator Tony Avella.

“Our nation has a history of benefiting from the genius of immigrants – their creativity, their talents, and their contributions to our communities make us all immeasurably richer. We must be prepared to defend our immigrant communities from those who seek to build walls instead of bridges. For each unjust misstep, for each affront to our inclusive values, we must be prepared to manifest our core beliefs. That's why this $10 million investment in immigrant legal services is so important. It comes at a moment when New Yorkers are looking to us for reassurance that Lady Liberty's torch will not dim. I am proud to stand with my colleagues, uphold these values, and dedicate the resources to help our immigrant friends and neighbors,” said Senator Jesse Hamilton.

This $10 million commitment builds upon the IDC’s funding announced last year to the Vera Institute of Justice’s New York Immigrant Family Unity Project, which provides attorneys to individuals detained in upstate New York immigration courts. The program increases the chances that immigrants will win their cases by 1,000 percent.

The funds will be awarded to immigrant legal services groups through the state’s Office of New Americans and will be used for immigrant defense services to prevent deportation, green card application processing, job assistance and other endeavors to advance immigrant rights.

Earlier this year, the IDC launched the Immigrant Defense Coalition, also known as Sanctuary Senate districts, where each IDC member offers assistance to immigrants in their districts. The IDC launched a toll free hotline, 1(800) 213-6385, for immigrants to call for legal help.

IDC members also hosted numerous “Know Your Rights” sessions in immigrant communities, with attorneys on hand able to discuss immigration concerns and provide guidance.

OPENING DAY SOUVENIRS AT 161st STREET BID STORES MURAL POSTCARDS FOR SALE

   Just in time for Opening Day at Yankee Stadium, the 161st Street Business Improvement District is selling full-color postcards of its famous street murals.World famous images include Babe Ruth,  Mickey Mantle Derek Jeter, Mariano Rivera, and Muhammed Ali to name a few.

  

The 12-foot by 15-foot artworks have been featured in The New York Times, on the YES Network and on NY1. Visitors from around the world and across the nation pose in front of these street art pieces along River Avenue and on 161 st Street.

Now, photographs of the twelve murals area available for purchase at S and A Sports, Stadium Souvenirs and other fan shops in the stadium district.

“Now, Yankee fans can buy a pack of these great cards and frame them or send cards out to friends and family with a greeting from the stadium district,” said Dr. Cary Goodman, executive Director of the 161 BID and the creator of the project.

A pack of twelve different athletes costs $10 during this introductory period.

Dr. Goodman stands next to the rack of mural postcards set up in S and S Sports directly across from Yankee Stadium.