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Stories tagged with “Al Franken

Justice

Meet The Most Important Consumer Rights Bill That You’ve Probably Never Heard Of


In 1925, Congress enacted what they thought was a modest law enabling sophisticated businesses to agree to resolve their disputes through private arbitration. Decades later, the Supreme Court transformed it into something completely different — enabling corporations to force workers and consumers into signing away their right to appear in a real court, and shunting them into a privatized arbitration system where the arbitrator is often closely aligned with the corporation. In one case, a private arbitrator even ordered a woman to pay more than $11,000 that she did not owe because she has the same name as another woman who did owe money.

There are supposed to be safeguards against the most abusive forms of forced arbitration. Federal law provides that forced arbitration cannot be used against “workers engaged in foreign or interstate commerce,” for example. But, in Circuit City v. Adams, five conservative justices held that forced arbitration can be used against workers engaged in foreign or interstate commerce. Federal arbitration law does not even mention class actions — which are often the only way that plaintiffs with relatively small claims can vindicate their rights — yet the conservative justices used it to effectively immunize corporations from class action lawsuits. Under this Supreme Court, the 1925 Federal Arbitration Act has been transformed into a magic wand corporations can wave in order to make lawsuits against them go away.

Earlier this week, Rep. Hank Johnson (D-GA) and Sen. Al Franken (D-MN) introduced a bill to fix this. Under the Arbitration Fairness Act, “no predispute arbitration agreement shall be valid or enforceable if it requires arbitration of an employment dispute, consumer dispute, antitrust dispute, or civil rights dispute.” So your boss cannot illegally fire you and then force you into a corporate-owned court. Your cell phone company cannot overcharge you and then escape meaningful accountability. And your mother’s nursing home will no longer be able to abuse its charges and then shunt any lawsuits into a biased arbitration panel.

At least, that is, if this bill is signed into law. Until then, the Supreme Court’s decisions expanding federal arbitration law into areas expressly forbidden by the law’s text will remain in effect.

Economy

Meet The Real-Life Tracking Database That Could Include You

Most of us know cookies are tracking our online behavior for advertising purposes, but a company specializing in retail analytics called Euclid, Inc. is moving that concept into real world shopping experiences — and Sen. Al Franken (D-MN) has some questions about their practices.

Euclid’s newest product Euclid Zero, launched in January, uses open WiFi access points to track shopper behavior across stores: It does this by collecting the MAC address of smart phones as they passively connect to open networks while people shop, anonymizing the data, putting it into a giant database that then recognizes the device when it goes near any other Euclid customer’s network and then gives the data to the retailers essentially in the form of a human Google Analytics browser.

Euclid doesn’t disclose who their clients are online (although they claim “Top 100 retailers in numerous categories, including specialty apparel, department stores, auto parts and home improvement” as clients), and the only notice consumers get is a vague sign hidden somewhere in the physical store, meaning consumer data is collected largely without their knowledge or consent. And while the MAC data is relatively anonymous, it’s also a unique ID — and the only way to opt out is giving Euclid your MAC address, thus identifying yourself.

Euclid raised $17 million in venture funds earlier this year and have information on over 50 million mobile devices right now. Considering that there are 114 million people in the U.S. using smart phones, that’s a pretty large segment of the consumer audience — large enough to garner interest from at least one senator: In a statement yesterday, Franken expressed concerned about the privacy implications of the system:

“It’s one thing to track someone’s shopping habits through a loyalty card or credit card purchase; folks understand that their information may be collected. It’s another thing entirely to track consumers’ movements without their permission as they shop, especially when someone doesn’t buy anything or even enter a store. People have a fundamental right to privacy, and I think neglecting to ask consumers for their permission to track them violates that right.”

The statement was released in conjunction with a letter Franken sent to Euclid’s CEO inquiring about their business practices. The letter includes a laundry list of important questions ranging from law enforcement access to data (with or without warrants?) and how data is being secured in the cloud down to if users are being tracked without even entering stores and how demographic data is being inferred based on smart phone data that provides a good summary of the most pressing privacy concerns — read the full thing here.

Health

STUDY: Teen Depression Isn’t Linked To Future Violent Crimes

Confirming similar studies that have found that mental health problems are not correlated with violence, a new National Bureau of Economic Research (NBER) paper concludes that there is no statistical link between violent crime and people who suffered from depression as teenagers.

While opponents of gun violence legislation have tried to shift the gun violence prevention debate to focus on the mentally ill, the reality is that the victims of mental illness-related violence tend to be the patients themselves. And depression specifically is one of the most widespread mental health concerns in the world. As the report states, “depression is the leading cause of disability and the fourth leading contributor to the global burden of disease,” and mental illnesses is prevalent among young Americans, with “8.1 percent of 2 million adolescents aged 12-17 experienced at least one major depressive episode in 2009.”

Although the NBER report found “little evidence that adolescent depression influences the likelihood of engaging in violent crime or the selling of illicit drugs,” it did conclude that such depression was a significant predictor for future property crimes, costing hundreds of millions of dollars per year in damages and underscoring the economic costs that exacerbate the social costs of mental illness on the public.

That makes early detection efforts and community support systems geared towards addressing mental health in children vital to public health and preventing certain future crimes — and some lawmakers are taking action to do just that. Sen. Al Franken (D-MN) recently introduced the Mental Health In Schools Act in an effort to “allow schools to collaborate with mental health providers, law enforcement, and other community-based organizations to provide expanded access to mental health care for their students” and “support schools in training staff and volunteers to spot warning signs in kids and to refer them to the appropriate services.”

(HT: Wonkblog)

Health

During Gun Violence Hearing, Senator Warns Against Stigmatizing Mental Illness

During a Senate hearing on gun violence prevention on Wednesday, Sen. Al Franken (D-MN) issued a stark warning: don’t stigmatize Americans suffering from mental illnesses.

Since December’s mass shooting at Sandy Hook Elementary School, lawmakers have been engaged in a debate over the best ways to curb gun violence. Much of that debate has centered on America’s expensive and inaccessible mental health care system, since several perpetrators of mass shootings in recent years have also had mental illnesses. But the conversation has veered wildly off-course — stigmatizing Americans suffering from mental disorders as dangerous, and turning them into the scapegoats for gun violence, as the NRA’s Wayne LaPierre did during his bizarre press conference in reaction to the tragedy at Sandy Hook.

At today’s hearing, Franken tried to stop that train of thinking in its tracks. The senator acknowledged the need for a stronger mental health safety net while also pointing out that Americans with mental illness are not actually prone to violence:

FRANKEN: I have supported funding for law enforcement programs and I work every day to carry out the work Paul Wellstone does to repair our mental health system. Tomorrow I will introduce the Mental Health In Schools Act, which will improve access to mental health care for kids. Catching these issues at an early age is really important. I want to be careful here — that we don’t stigmatize mental illness. The vast majority of people with mental illness are no more violent than the rest of the population. In fact, they are more likely to be the victims of violence. These recent events have caused us as a nation to scrutinize our failed mental health care system and I’m glad we’re talking about this in a serious way.

The statistics clearly support Franken’s argument — over 92 percent of Americans with mental disorders do not engage in violent behavior. The ones who do tend to be violent towards themselves.

That’s also why mental health professionals are concerned that some of the mental health reporting provisions in new gun safety laws — such as the one recently signed by Gov. Andrew Cuomo (D-NY) — might discourage patients from seeking care or being honest with their doctors about violent thoughts for fear of being reported to the authorities. Such measures add even more stigma to a public health crisis that is already widely stigmatized in America. According to the latest data from the Substance Abuse and Mental Health Services Administration (SAMHSA), over 29 percent of Americans who do not receive mental health care cite social stigma or the fear of being institutionalized as the main barrier to their care.

Health

The Kids Are Not All Right: Senate Hearing Highlights Children’s Mental Health Coverage Gaps

During a wide-ranging hearing on the status of America’s mental health system before a Senate health committee on Thursday, Sen. Al Franken (D-MN) declared his intention to introduce the Mental Health In Schools Act to address issues of mental illnesses among America’s youth. Thursday’s event was the first Senate hearing on mental health care in six years, as the U.S. is currently engaged in a renewed national conversation on gun safety and mental health issues after last month’s tragic shooting at Sandy Hook Elementary School.

Franken explained that his legislation would “allow schools to collaborate with mental health providers, law enforcement, and other community-based organizations to provide expanded access to mental health care for their students” and “support schools in training staff and volunteers to spot warning signs in kids and to refer them to the appropriate services.”

While emphasizing that he didn’t want to inaccurately stigmatize most Americans with mental illnesses as being predisposed to violence, the senator questioned the director of the National Institute of Mental Health, Dr. Thomas Insel, about the correlation between untreated mental problems in American youth and subsequent violent behavior:

FRANKEN: If mental health issues go untreated, does that increase the chance that someone within a subset, a certain subset of a type of mental illness, will become more violent, Dr. Insel, or will be higher chance that they might become violent?

INSEL: So, Sen. Franken, within that narrow band of the people we’re talking about — which is a small, small segment of the population of people with a mental illness — but those, for instance, who have what we call ‘first episode psychosis’ — we know that the duration of untreated psychosis is related, in fact, to the risk for having a violent act. That’s been studied quite carefully and there’s a real correlation there, so closing that gap is one of the things we can do to increase safety.

FRANKEN: So since, in a sense since Newtown did prompt this, in that very narrow — and that was one of a number of horrific occurrences where I think that no one would question that in Tucson, in Newtown, that we’re talking about someone who’s deranged — that had that person been diagnosed, say, in school and had been able to get some kind of treatment, that there is some kind of connection between making sure that we’re identifying and treating children early on with the tragedy that brought us here?

INSEL: …The published data are quite clear. The difference between severely violent acts like homicide between those who are untreated and those who are treated is fifteen fold. So you drop the risk fifteen fold with treatment. So it’s vital – it’s absolutely vital – that we detect earlier and intervene earlier with something that’s effective.

While the public education system serves as American children’s primary resource for accessing mental health care, only one in five American children in need of treatment actually receives it. This is particularly problematic considering that half of all lifetime mental disorder cases set in by the age of 14.

But if the last several weeks are any indication, lawmakers seem to have woken up to the fact that the current trend is unsustainable. Franken’s proposal for expanding the public school system’s mental health safety net would work in conjunction with President Obama’s Project AWARE initiative to provide similar support and training to schools and other community-based organizations.

NEWS FLASH

Addressing VAWA, Sen. Al Franken Breaks Down On Senate Floor | Sen. Al Franken (D-MN) broke down in tears today on the floor of the Senate while discussing the reauthorization of the Violence Against Women Act (VAWA). Franken, who has been a staunch advocate for domestic violence victims, got emotional discussing women who face homelessness after being abused. “Once a woman becomes homeless, she becomes even more vulnerable to physical and sexual abuse,” he said. Watch it:

NEWS FLASH

Climate Hawk Senators Remind Washington Of Climate Crisis | In an hour-long discussion, Sen. Bernie Sanders (I-VT), Sen. Al Franken (D-MN), Sen. Tom Udall (D-NM), and Sen. Sheldon Whitehouse (D-RI) rebuked the Senate for ignoring the climate crisis. The “planetary crisis of global warming” is “not getting the serious debate and discussion it needs here in the Senate,” Sanders began. Watch:

Update

Read an annotated transcript of Sen. Sanders’ closing remarks, courtesy of 350.org:
Read more

Climate Progress

VIDEO: Climate Hawks Whitehouse And Franken Hold Climate Crisis Colloquy

Yesterday, Senators Al Franken (D-MN) and Sheldon Whitehouse (D-MN) held an hour-long colloquy on the hard reality of climate change and the polluter-driven inaction in the U.S. Senate. They discussed not only future threats, but also the changes in severe weather and climate that are already causing havoc to our nation. Whitehouse and Franken agreed that the nation is following a dangerous path by ignoring scientists because of the pollution industry.

Watch it:

Here are a few quotes from the full transcript:

“Despite the efforts to mislead and create doubt, the jury is not out on whether climate change is happening and being caused by manmade carbon pollution; the verdict is, in fact, in.”

“The 25th doctor says: It is a good thing you came to me, because all this diet and exercise would have been a complete waste. You are doing fine. Those other doctors are in the pockets of the fresh fruit and vegetable people. He says: Enjoy life, eat whatever you want, keep smoking, and watch a lot of TV. That is my advice. Then you learn the doctor was paid a salary by the makers of Twinkies, which, don’t get me wrong, are a delicious snack food and should be eaten in moderation.”

Climategate should properly be known as climategate-gate because it was the scandal that was phony.”

We are playing with very dangerous effects when we ignore climate change at the behest of a tiny minority of scientists and their polluter industry funders behind them.”

“If we can pull away from the lies and the phony science and the polluter-paid nonsense that has so far distracted us from doing our duty as a nation, we can get into the race that is going on in this world for the energy future.”

“Fifty years ago we were in a global space race. Today we are in a global clean energy race.”

“Climate change is real, and failure to address it is bad for our standing in the global economy, bad for the Federal budget, and bad for our national security. We can do better than that for our children and our grandchildren and posterity.”

(HT WWF’s Nick Sundt)

LGBT

Al Franken Fact Checks Chuck Grassley: Marriage Has Evolved Over Time

This morning, in a vote of 10 to 8, the Senate Judiciary Committee approved the Respect for Marriage Act, which would repeal the Defense of Marriage Act (DOMA) and allow the federal government to provide benefits to couples in same-sex marriages. During the hearing, Minnesota Senator Al Franken (D) fact-checked Sen. Chuck Grassley’s (R-IA) claims that marriage has always been between a man and a woman by providing a history lesson on the evolution of the institution:

FRANKEN: I just believe you misstated the history of marriage. Marriage has not existed as a union between one man and one woman for thousands of years in every culture. In many cultures, men have been able to marry many women and young girls. For centuries, women have been treated as chattel in marriage. Further, if the religious purpose for marriage is procreation, why would we sanction marriage between an 89 year-old widower and an 80 year-old widow? I just think we need to be accurate when we talk about the history of marriage, the history of man and woman, the history of our institutions.

Watch it:

The act, which has 31 co-sponsors, now moves to the Senate, where it has yet to be scheduled for a vote.

NEWS FLASH

Franken Predicts Anti-Bullying Measure Will Pass With Bipartisan Support If Put To A Vote | Yesterday, the Senate HELP Committee’s mark-up of the No Child Left Behind bill failed to consider Sen. Al Franken’s (D-MN) Student Non-Discrimination Act, which would establish “comprehensive federal prohibition against discrimination and bullying in public schools based on sexual orientation or gender identity.” In a brief statement, Franken said some senators on the committee feared the act would jeopardize bipartisan support for the entire education bill, but pledged to offer the measure on the floor of the Senate and predicted that it would pass if put to a vote. Franken went on to link his anti-bullying legislation to the civil rights laws of the 1960s and Title IX legislation, before noting that “we are faced with a group of students that is facing pervasive, systemic, discrimination” and “there is no law that prohibits discrimination on the basis of sexual orientation in schools.” Watch it:

The committee passed the education bill in a bipartisan vote of 15-7. Sen. Bob Casey (D-PA), the sponsor of a similar Safe Schools Improvement Act, also offered his measure as an amendment but withdrew it before the final vote. Neither act has attracted the 60 co-sponsors necessary to withstand a filibuster in the Senate.

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