LANSING – Michigan Attorney General Dana Nessel has joined a coalition of 44 attorneys general urging Facebook to abandon its plans to launch a version of Instagram for children under the age of 13.

In a letter to Facebook CEO Mark Zuckerberg, the coalition contends that social media can be detrimental to children for a myriad of reasons and that Facebook has historically failed to protect the welfare of children on its platforms.

“With research rating Instagram as the worst social media platform for youth mental health, it’s hard to imagine that this launch is about anything other than expanding the already lucrative Instagram franchise,” Nessel said. “Introducing children to this social media environment poses serious threats to their security and wellbeing and I urge Facebook to reconsider its plans for this new platform.”

In their letter, the attorneys general express various concerns over Facebook’s proposal, including research that social media can be harmful to the physical, emotional, and mental well-being of children; rapidly worsening concerns about cyberbullying on Instagram; use of the platform by predators to target children; Facebook’s checkered record in protecting the welfare of children on its platforms; and children’s lack of capacity to navigate the complexities of what they encounter online, including advertising, inappropriate content and relationships with strangers.

At a Congressional hearing in March, Zuckerberg dismissed the idea that social media is harmful to children, despite strong data and research that has shown a link between young people’s use of social media and an increase in mental distress, self-injurious behavior, and suicidality. Instagram has been frequently flagged for increasing suicidal ideation, depression, and body image concerns in children.

Additionally, the attorneys general argue, young children are not equipped to handle the many challenges that come with having an Instagram account, including that they often lack a developed understanding of privacy. There is also a risk that predators may exploit children online and cloak their identities using the anonymity of the Internet. One report found an increase of 200 percent in recorded instances in the use of Instagram to target and abuse children over a six-month period in 2018. In 2020 alone, Facebook and Instagram reported 20 million child sexual abuse images.

Cyberbullying is another major concern, and a 2017 survey found that 42 percent of young Instagram users had experienced cyberbullying on the platform, the highest percentage of any platform measured. As children spend more time online during the COVID-19 pandemic, these issues have likely been exacerbated.

The attorneys general also cast doubt on Facebook’s ability to protect children on their proposed Instagram platform and comply with relevant privacy laws such as the Children’s Online Privacy Protection Act (COPPA). They point out that the company has a record of failing to protect the safety and privacy of children. For instance, Facebook’s Messenger Kids app contained a glitch that allowed children to circumvent restrictions and join group chats with strangers.

Joining Attorney General Nessel in sending this letter are the attorneys general of Alaska, California, Connecticut, Delaware, District of Columbia, Guam, Hawaii, Idaho, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Northern Mariana Islands, Ohio, Oklahoma, Oregon, Puerto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, Wisconsin, and Wyoming.

A copy of the letter is available here.

LANSING – Michigan Attorney General Dana Nessel continues to join attorneys general from around the nation in a number of multistate actions, including the following:

Letter Urging Congress to Pass the Black Maternal Health Momnibus Act of 2021 

On May 6, Nessel joined a coalition of 21 attorneys general in urging Congress to pass the Black Maternal Health Momnibus Act of 2021. The legislation is aimed at combatting the high Black maternal mortality rate and increasing access to maternal and perinatal care.

The coalition is highlighting the need to advance health equity across the country for all racial and ethnic minorities – especially Black mothers. The coalition issued a letter yesterday to Congressional leadership calling on Congress to pass H.R. 959, the Black Maternal Health Momnibus Act of 2021. This legislative package addresses the social determinants of the Black maternal mortality crisis, including improving access to housing, transportation and nutrition services.

“Our nation has the highest rate of maternal mortality in the developed world, with significantly higher rates of mortality for Black mothers,” Nessel said. “Race based discrimination in our healthcare system cannot be tolerated, and I urge Congress to act now and pass the Black Maternal Health Momnibus Act so that every mother and child has access to quality health care.”

The Momnibus Act is intended to help decrease maternal mortality among Black mothers, who die at a rate three to four times higher than white mothers. Similarly, Native American, Asian-American and Pacific Islander, and Hispanic women are more likely to face maternal mortality than white women and non-Hispanic women. Many risk factors contribute to increased rates of maternal mortality, including preexisting conditions, socioeconomic status, lack of health insurance, and implicit bias and discrimination in health care.

The Black Maternal Health Momnibus Act of 2021 addresses maternal mortality by ensuring women have access to equitable care at all stages of pregnancy. The legislative package is comprised of 12 bills that address the crisis through a multifaceted approach of increased grant funding, enhanced data collection and improving community programs. By specifically addressing the social determinants of health, the package aims to reduce maternal mortality by providing funding to community-based maternal health organizations; diversifying the perinatal workforce; supporting mothers and improving maternal health care for individuals with mental health conditions, substance abuse disorders, and those who are incarcerated; enhancing postpartum care; and promoting maternal health innovation such as telehealth, maternal vaccinations, and payment options from pregnancy through the postpartum period.

If passed, the policy changes would benefit individual state programs by increasing funding, furthering access to community supports and enhancing education services for mothers. More broadly, the legislation would assist state attorneys general in working to protect residents against race-based discrimination within the health care system.

A copy of the letter can be found here.

Letter to Treasury Regarding Law Enforcement Access to Database 

On May 6, Nessel joined the National Association of Attorney General (NAAG) in submitting comments to the Financial Crimes Enforcement Network (FinCEN), a bureau of the U.S. Department of Treasury, in response to its request for input regarding beneficial ownership information reporting and disclosure requirements.

Earlier this year, the Corporate Transparency Act (CTA) was passed. The CTA requires certain companies to disclose their actual, or “beneficial,” owners to FinCEN. FinCEN will then maintain that ownership information in a database and disclose it to government agencies and financial institutions, subject to appropriate protocols. State, local, and tribal law enforcement agencies, including state attorneys general offices, must obtain court authorization to access this beneficial ownership data—a step not required for federal agencies.

In their letter, the attorneys general:

• Emphasize the need to ensure state, local, and tribal enforcers have timely and efficient access to beneficial ownership information.
• Encourage continued engagement about the development of CTA-related regulations with attorneys general, with NAAG serving as a liaison.
• Urge FinCEN to develop regulations that permit the beneficial ownership information to be used as evidence and provided to the defense, particularly when necessary for prosecutors to discharge their discovery and disclosure obligations.

A copy of the letter is available here.

In 2020, 42 attorneys general supported the Improving Laundering Laws and Increasing Comprehensive Information Tracking of Criminal Activity in Shell Holdings (ILLICIT CASH) Act, which was similar to the CTA. However, unlike the CTA, the ILLICIT Cash Act placed federal and state enforcers on equal footing to obtain beneficial ownership information.