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Ellen F. Rosenblum Frederick M. Boss: Attorney General Deputy Attorney General

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ELLEN F. ROSENBLUM FREDERICK M.

BOSS
ATTORNEY GENERAL DEPUTY ATTORNEY GENERAL

DEPARTMENT OF JUSTICE
Justice Building
1162 Court Street NE
Salem, Oregon 97301-4096
Telephone: (503) 378-6002

Federal Communications Commission


445 12th Street SW, Washington, DC 20554

Dear Chairman Pai, Commissioners Clyburn, ORielly, Carr, and Rosenworcel,

One of the most important roles that we, the undersigned Attorneys General of California,
District of Columbia, Delaware, Hawaii, Iowa, Illinois, Kentucky, Massachusetts, Maryland,
Maine, Mississippi, North Carolina, Pennsylvania, Rhode Island, Virginia, Vermont, and
Washington, perform is to prosecute fraud. It is a role we take extremely seriously, and one that
is essential to a fair marketplace. But, as members of a democracy and duty-bound officers of our
states, fraud in the democratic process rings a particularly discordant tone in our ears. The
Restore Internet Freedom proposal, also known as net neutrality rollback, WC Docket No. 17-
108, has far-reaching implications for the everyday life of Americans. Regardless of opinion on
any underlying matter, such issues should be met with the utmost integrity of the administrative
process.

Recent attempts by New York Attorney General Schneiderman to investigate supposed


comments received by the FCC have revealed a pattern of facts that should raise alarm bells for
every American about the integrity of the democratic process. A careful review of the publicly
available information revealed a pattern of fake submissions using the names of real people. In
fact, there may be over one million fake submissions from across the country. This is akin to
identity theft on a massive scale and theft of someones voice in a democracy is particularly
concerning.

As state Attorneys General, many of our offices have received complaints from consumers
indicating their distress over their names being used in such a manner. While we will investigate
these consumer complaints through our normal processes, we urge the Commission to take
immediate action and to cooperate with law enforcement investigations.

Woven throughout the Administrative Procedures Act is a duty for rulemakers to provide
information to the public and to listen to the public. We know from advising our rulemakers at
the state level that listening to the public provides insights from a diversity of viewpoints.
But, if the well of public comment has been poisoned by falsified submissions, the Commission
may be unable to rely on public comments that would help it reach a legitimate conclusion to the
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rulemaking process. Or, it must give less weight to the public comments submitted which also
undermines the process.

Given the tainted comments that are in question, we request the Commission immediately delay
consideration of the Restoring Internet Freedom proposal until further investigation can
determine exactly which comments should be considered. We also urge the Commission to
cooperate with Attorney General Schneidermans law enforcement investigation, and other state
and federal law enforcement agencies in any other investigations, and to take more care to ensure the
integrity of the process in the future.

While not all of us may agree on any given policy, we stand together today as prosecutors of
fraud and as defenders of the democratic process. It is essential that the Commission gets a full
and accurate picture of how changes to net neutrality will affect the everyday lives of Americans
before they can act on such sweeping policy changes.

Sincerely,

ELLEN F. ROSENBLUM
OREGON ATTORNEY GENERAL

Cc Oregon Congressman Greg Walden

XAVIER BECERRA MATTHEW DENN


CALIFORNIA ATTORNEY GENERAL DELAWARE ATTORNEY GENERAL

KARL. A RACINE DOUGLAS S. CHIN


DISTRICT OF COLUMBIA ATTORNEY GENERAL HAWAII ATTORNEY GENERAL

LISA MADIGAN TOM MILLER


ILLINOIS ATTORNEY GENERAL IOWA ATTORNEY GENERAL
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MAURA T. HEALEY
MASSACHUSETTS

ANDY BESHEAR JANET T. MILLS


KENTUCKY ATTORNEY GENERAL MAINE ATTORNEY GENERAL

BRIAN FROSH
MARYLAND ATTORNEY GENERAL JIM HOOD
MISSISSIPPI ATTORNEY GENERAL

JOSH SHAPIRO
PENNSYLVANIA ATTORNEY GENERAL
JOSH STEIN
NORTH CAROLINA ATTORNEY GENERAL

PETER KILMARTIN TJ DONOVAN


RHODE ISLAND ATTORNEY GENERAL VERMONT ATTORNEY GENERAL

BOB FERGUSON
MARK HERRING WASHINGTON ATTORNEY GENERAL
VIRGINIA ATTORNEY GENERAL
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