Contra Costa Herald

News Of By and For The People of Contra Costa County, California

Antioch man fatally struck by vehicle while walking in Walnut Creek Monday

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By Lt. Holley Connors, Walnut Creek Police Department

On July 3rd, at 1:21 p.m., a 911 caller reported a vehicle collided with a pedestrian on Ygnacio Valley Road, east of the intersection at Lennon Lane. Officers arrived and found a male pedestrian conscious, but with significant injuries. Preliminary details indicated the driver’s vehicle drifted to the right, hopped the curb, and struck the pedestrian who was doing maintenance work at that location. The driver of the vehicle was uninjured.

Officers and AMR personnel provided medical aid to the pedestrian before he was transported to the hospital. Unfortunately, the pedestrian later succumbed to his injuries. The driver remained on scene and cooperated with responding officers.

According to Bay City News, the victim was identified by the Contra Costa County Coroner’s Office as Cornelio Tovar Sanchez, age 54 of Antioch.

The cause of this accident is under investigation. If you have any information about this case, please contact Walnut Creek PD Dispatch at 925-935-6400.

Allen D. Payton contributed to this report.

 

Traffic Advisory: Hwy 4 nighttime closure in Brentwood this weekend

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Nighttime construction on the Mokelumne Trail Overcrossing will occur this weekend. Photo: CCTA

Between Lone Tree Way and Sand Creek Road Saturday, July 8 through Sunday, July 9, 2023

For Mokelumne Trail Overcrossing construction

By Ivan Ramirez, Contra Costa Transportation Authority

BRENTWOOD, CA – In partnership with the City of Brentwood, the Contra Costa Transportation Authority (CCTA) is constructing the Mokelumne Trail Bicycle and Pedestrian Overcrossing to provide safe access to cyclists and pedestrians for commuting and recreational travel, reconnecting two sides of the trail that were separated by the expansion of State Route 4.

This overnight closure will facilitate the removing of the temporary structure that was used to support the bridge and will impact State Route 4 in the eastbound direction. CCTA and the California Department of Transportation (Caltrans) have scheduled the closure during the early morning hours in order to minimize impacts to the motoring public.

In order to ensure crew and public safety during the planned construction work, a temporary nighttime freeway closure in the eastbound direction of State Route 4 will occur between Saturday, July 8 and Sunday, July 9, 2023 on the following schedule (weather permitting):

Eastbound Highway 4 will be closed between Lone Tree Way and Sand Creek Road from 9:00 p.m. on Saturday, July 8 until 7:00 a.m. on Sunday, July 9, 2023.

DetoursDetours will be in place to reroute drivers around the closure and are planned as follows:

Eastbound traffic will be directed to exit at Lone Tree Way, go eastbound to Shady Willow Lane, then southbound on Shady Willow Lane to Sand Creek Road, before proceeding westbound on Sand Creek Road to the eastbound State Route 4 on-ramp.

Future Freeway Closures

Additional overnight closures will be needed over the course of the next several weeks (weather dependent) to facilitate ­­­­construction work­­­­­­­­ of the future Mokelumne Trail Bicycle and Pedestrian Overcrossing. Additional information regarding dates and detours will be provided once the schedule is confirmed. This project is anticipated to be complete in late summer or early fall of 2023.About the Contra Costa Transportation Authority

The Contra Costa Transportation Authority (CCTA) is a public agency formed by Contra Costa voters in 1988 to manage the county’s transportation sales tax program and oversee countywide transportation planning efforts. With a staff of twenty people managing a multi-billion-dollar suite of projects and programs, CCTA is responsible for planning, funding and delivering critical transportation infrastructure projects and programs that connect our communities, foster a strong economy, increase sustainability, and safely and efficiently get people where they need to go. CCTA also serves as the county’s designated Congestion Management Agency, responsible for putting programs in place to keep traffic levels manageable. More information about CCTA is available at ccta.net.

 

California clears largest cache of criminal records in U.S. history

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More than 11 million arrest and conviction records automatically cleared including old arrests that never turned into charges and provides relief to people who completed all conditions of their sentence

Due to legislation pioneered by Los Angeles DA George Gascón

By Max Szabo, Prosecutors Alliance of California

SACRAMENTO–New data from the California Department of Justice (CAL DOJ) indicates that 11,164,458 records of arrest and conviction were automatically cleared between July 1, 2022 and December 31, 2022 pursuant to Assembly Bill 1076. The historic reform automated a process that individuals were already entitled to but had to seek out through an arduous process. AB 1076 requires CAL DOJ to automatically clear old arrests that never turned into charges and provides relief to people who completed all the conditions of their sentence, thereby expanding education, employment and housing opportunities for countless Californians.

“People who were arrested or convicted of low-level crimes and did what was asked of them are entitled to a second chance under the law, but bureaucratic barriers kept them in a paper prison,” said Cristine DeBerry, Founder and Executive Director of the Prosecutors Alliance of California.  “That wasn’t just unfair, it was unsafe, as a criminal record hangs over people, hampering their access to employment and housing opportunities, primary factors that drive recidivism. The system had taken away hope and opportunity, but commonsense and technology enabled one of the most important reforms in years.”

The automated record clearance is due to a 2019 law, Assembly Bill 1076, which was authored by Phil Ting (D-San Francisco) and sponsored by then-San Francisco District Attorney George Gascón.  The legislation mandated that the state Department of Justice automatically clear records of arrests that did not result in a conviction after the statute of limitations had passed as well as convictions involving probation and jail once an offender’s sentence was completed. Individuals sentenced to prison and anyone who had to register as a sex offender or who violated their probation is not eligible.  The record clearance largely benefits individuals who had committed drugs or property crimes.

“It’s a vicious cycle, as communities of color are more likely to be arrested, they are therefore more likely to have a record that includes an arrest or conviction, and yet they were less likely to be aware that they were entitled to relief,” said LA County District Attorney George Gascón.  “These were unnecessary barriers that make it more difficult to successfully reenter and break the cycle by limiting access to jobs, education and housing.  Breaking down these barriers makes our system more just and our communities more safe.”

During the appropriations process that bill was limited to prospective arrests and convictions.  However, a subsequent effort in 2021, AB 1038, authored again by Assemblymember Ting, and sponsored by the Prosecutors Alliance of California, made the record clearance provided under AB 1076 retroactive.  That bill took effect July 1, 2023.  The newly released DOJ data indicates that the relief granted thus far was pursuant to AB 1076, the initial authorizing legislation only, suggesting that the expanded eligibility profile now in effect under AB 1038 will result in the clearance of millions of additional records.

Prior to the automated record clearance, 8 million California residents had criminal convictions on their records that hampered their ability to find work and housing, secure public benefits, or even get admitted to college.  Studies indicate approximately two million of them were eligible for record clearance. Millions more have old arrests on their record that never resulted in a conviction but, remain as obstacles to employment.

Under the law arrests that didn’t result in a conviction may be cleared. Convictions that carry probation or jail time are also eligible for record clearance after the individual completes all the terms and conditions of their sentence. Prior to AB 1076, however, this required individuals to be aware of their eligibility and to retain an attorney to proactively file the necessary petition.  As a result, millions of Californians have been entitled to relief for years that they never realized because they had to jump through hoops to get it. In fact, nationally, only 6.5% of eligible people have been estimated to obtain record clearance within five years of eligibility. With more affluent communities more able to afford a private attorney, this bureaucracy disproportionately impacted socioeconomically disadvantaged communities and communities of color in particular.

Nearly 90% of employers, 80% of landlords, and 60% of colleges screen applicants’ criminal records.  According to a 2012 study conducted by the Society for Human Resource Management, many prospective employees and housing applicants are rejected solely based on having an arrest record on file.  Studies also show people with unsealed arrest records have a substantially increased chance of living in poverty, earning lower wages, with fewer educational opportunities.

The concept for the legislation grew out of DA Gascón’s effort to clear old cannabis convictions that were eligible for clearance pursuant to Proposition 64.  That effort has now been adopted by prosecutors’ offices across the nation.  Notably, the algorithm that enabled automated record clearance pursuant to AB 1076–much like the cannabis clearance effort–would not be possible without the help and support of Code For America. Research by the California Policy Lab of the University of California provided supporting evidence regarding the feasibility of large-scale record clearance automation, as well as its enormous potential impact on the lives of Californians.  Assemblymember Phil Ting has the sincere gratitude of the Prosecutors Alliance for leading the historic initiative and seeing that all eligible and impacted Californians would obtain the relief to which they are entitled.

The Prosecutors Alliance of California is fiscally sponsored by Tides Advocacy, a social welfare organization. Contra Costa District Attorney Diana Becton is a founding member. For more information about the Prosecutors Alliance go to www.ProsecutorsAlliance.org and keep up with our work on Twitter, Instagram and Facebook.

 

Con Fire responds to 69 July 4th fires, 11 caused by fireworks 51 more believed to be

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Source: Con Fire

Limited response plan implementation ensures responses to exceptionally high volume of fireworks-caused fires

Antioch had most with 22 & worst structure fire destroying garage, damaging two homes in which four residents displaced, dog died

Martinez man loses part of hand holding an exploding firework

By Steve Hill, PIO, Contra Costa County Fire Protection District

July 6, 2023 – Contra Costa County Fire Protection District today made available details of the fire and EMS activity, much of it fireworks related, occurring across the district on the Independence Day holiday evening.

For the six-hour period from 8 p.m., July 4, to 2 a.m., July 5, the district dispatched crews to 69 fire incidents. This represents a more than 400 percent increase over other recent Tuesdays, which in June, averaged 20 fire dispatches for the entire day. Year-over-year, fire incidents were up nearly 60 percent.

The holiday evening’s 69 fire incidents point to the dangers of fireworks use in current heightened fire danger conditions. Eleven of these fires are known to have been caused, and another 51 suspected of having been caused by fireworks.

Source: Con Fire

While the cool weather was favorable and the midweek timing had the holiday falling on a work night, fires numbered some 60 percent more than 4th of July 2023’s 44 fire incidents for the same evening period.

Four Residents Displaced, Dog Dies in Antioch Fire

In spite of more than 60 grass, vegetation and other exterior fires burning across the district on theevening of the Fourth, only four structure fires ensued. Of these, in three cases, fireworks could not be ruled out as the cause. In the worst structure fire of the evening, in the 2 a.m. hour in Antioch, a garage was destroyed, and two adjacent homes substantially damaged as a result of fireworks. In all, four residents were displaced, and a dog died, as a result of this unnecessary fire.

20% Increase in Emergency Medical Service Incidents 

Calls for emergency medical services were also up over normal, non-holiday periods with some of this increase likely attributable to fireworks activity. On the Fourth, 240 EMS incidents were dispatched with 64 of these occurring between 8 p.m. and 2 a.m. the next day. Total EMS responses represent about a 20% increase over more typical weekdays. On average, Con Fire responds to just over 200 EMS incidents daily.

In one particularly egregious case, a 66-year-old male in Martinez was gravely injured in the 10 p.m. hour when he lost part of a hand while holding an exploding firework.

Source: Con Fire

Considerable preparation across the district, including upstaffing of additional dispatchers; two hand crews and equipment; two fire dozers; and the district operations center, staffed by multiple chief officers; resulted in rapid and overwhelming responses, which served to limit fire spread, and resultant damage when fires did occur.

All 60-plus grass and exterior fires were kept small, limiting potential for structure damage as a result of rapid and overwhelming responses as well as early notifications to 911 by residents.

 

 

 

68 people killed in crashes, 9,700 speed citations issued during CHP’s Independence Day Max Enforcement Period

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Poor choices behind the wheel result in tragedy on California’s roadways

By Jaime Coffee, CHP Media Relations

SACRAMENTO, Calif. – The results of the California Highway Patrol’s (CHP) recent Independence Day Maximum Enforcement Period (MEP) are a sobering reminder of the consequences resulting from unsafe driving behaviors.

Sixty-eight people were killed in crashes throughout the state during the Independence Day MEP, which began at 6:01 p.m. on Friday, June 30, and concluded at 11:59 p.m. on Tuesday, July 4.  Tragically, nearly half of the total number of vehicle occupants who died within CHP jurisdiction were not wearing a seat belt.

With unsafe speed being the number one contributor to crashes in California, the CHP placed a special emphasis on its enforcement during the recent MEP.  CHP officers issued more than 9,700 speed citations throughout the long Independence Day weekend.

Additionally, impaired drivers were removed from California’s roadways at an alarming rate during the holiday enforcement effort.  CHP officers made 1,224 arrests for driving under the influence, which is an average of one DUI arrest every five minutes.

“The results of this MEP are concerning and reinforce the need for responsible behavior behind the wheel,” said CHP Commissioner Sean Duryee.  “All of these deaths were preventable, and the loved ones they leave behind will be forever impacted.  Traffic safety is everyone’s responsibility, and these statistics show us how much work there is still to be done.  The CHP is committed to making California’s roadways safer for all who use them.”

To help protect those who are traveling on California’s roadways during the holidays, the CHP implements six MEPs per year.  The next MEP is scheduled for Labor Day weekend.  Throughout the holiday weekend, all available uniformed members of the Department will be on patrol to enhance public safety, deter unsafe driving behavior, and, when necessary, take appropriate enforcement action.

Keep yourself and others who are on the road safe by buckling up, driving at a speed safe for conditions, avoid distractions behind the wheel, and always designating a sober driver.

The mission of the CHP is to provide the highest level of Safety, Service, and Security.

Just in time for Independence Day: Contra Costa Assessor certifies, delivers 2023-24 County Assessment Roll for property taxes

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Local tax base increases by almost $15 billion, to over $267 billion

Oakley, Antioch, Lafayette had greatest increases, San Pablo, San Ramon and Hercules had the lowest

By Allen D. Payton

Just in time for Independence Day, when Americans celebrate our victory over the British in the battle against King George III and his onerous taxes, the “2023-2024 Assessor’s Close of Roll Affidavit” was signed by Assessor Gus S. Kramer and subscribed and sworn to the County Clerk-Recorder’s Office, on June 30. The 2023-2024 Assessment Roll has been delivered to the County Auditor, as required by law.

The increase to the local tax base for 2023-2024 is over $14.96 billion. This represents a 5.94% increase in assessed value and brings the total net local assessment roll to more than $266.67 billion. The 2023-2024 assessment roll is the highest to date in Contra Costa County’s history.

Cities with the largest increases in assessed value include Antioch, Oakley and Lafayette with increases ranging up to 8.49%. San Pablo, San Ramon and Hercules saw the lowest assessed value increases ranging from 4.30% down to 3.86%.  The assessment roll now consists of 379,442 parcels, an increase of 1,202 over the previous year.

“I would like to acknowledge and commend the employees of the Assessor’s Office for their continued dedication and hard work which resulted in the completion and delivery of the 2023-2024 assessment roll,” Kramer wrote in his letter.

The Assessor’s annual letter to the Assessment Roll Reports can be found at: https://www.contracosta.ca.gov/DocumentCenter/View/79697/2023-2024-BOS-Close-of-Assessment-Roll-Letter-and-Reports-to-the-CCC-Board-of-Supervisors?bidId= 

The report shows the total Secured Value of property in the county, which includes all the real estate, is now over $267.6 billion. The Unsecured Value is the business equipment which includes computers, desks, chairs and machinery, Kramer explained. That total is now almost $7.8 billion.

“Local Exemptions (which total almost $8.7 billion) are what churches and non-profits enjoy, as well as all the homeowners’ exemptions. That’s a $7,000 deduction you have to apply for which saves you about $70 a year on your property taxes,” he shared. “That’s something I’m livid with the legislature for not increasing. In Idaho the homeowners’ exemption is 50%. Prior to Prop 13 in California, it was 25% but the legislature has never adjusted it. It should have been indexed or something.”

Asked about the difference between the charts in the report of $1 billion in the total Secured Value Kramer said. “It’s less than one-third of one percent, but we know what it is and we’re working it out. We had to get the report in by the July 1 due date.”

To learn more about your property taxes visit Assessor | Contra Costa County, CA Official Website, call (925) 313-7400 or email customerservice@assr.cccounty.us.

Driver, three other drunk men arrested in felony hit and run collision in Oakley early Sunday

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By Oakley Police Chief Paul Beard

On Sunday, July 2, 2023 at 12:09AM Oakley police officers were dispatched to the intersection of Main Street at Charles Way for a traffic collision where a Toyota truck was completely rolled over. Our officers quickly arrived on scene and contacted the victims who were out of the vehicle and suffering injuries. Our officers started investigating the collision and determined a black sedan struck the victim vehicle and fled the location, which at face value is a violation of the California Vehicle Code, but when injuries are involved, these actions are classified as a felony offense. Our officers located the black sedan on nearby Babbe Street parked at the intersection of Martin Street. Our officers found three local men (aged 43, 43 & 28) near the vehicle and determined all three were associated with the vehicle and all three were intoxicated.

These three men were uncooperative with our investigation, but nonetheless our officers were able to determine they were not the driver of the black sedan and we continued to seek out the actual driver. The three men we were dealing with were all arrested for public intoxication and transported to the police department. While dealing with the three public intoxication suspects our officers were alerted the actual driver may have been walking on Main Street. Our officers responded to the area and located Jesus Leon-Lopez (55, local) and took him into custody before interviewing him and booking him into the main jail for felony hit and run.

“This investigation, and arrest, underscores the types of issues that never need to really rise to the level of criminal culpability. The largest issue facing the suspect in this case may very well be the mere fact he decided to not stop, as per the law, and cooperate with law-enforcement after a traffic collision with quite an egregious aftermath – to include injuries. When accidents happen, please just do the right thing, it will make your life much easier even when you are already going through a negative experience. Stay safe Oakley!”

Two-vehicle fatal crash on Hwy 4 near Bay Point Friday night

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By CHP – Contra Costa

Last night (6/30/23) around 8:16pm, CHP Contra Costa was advised of a two-vehicle crash on eastbound SR-4, west of Bailey Road. A GMC pickup, with two occupants, and a Volkswagen Sedan, with one occupant, were traveling eastbound on Hwy 4. Our preliminary investigation indicates the GMC collided into the Volkswagen which caused the GMC to leave the roadway and overturn. During the crash sequence, both occupants of the GMC were ejected from the vehicle.

Emergency personnel arrived on scene to render aid. Both occupants of the GMC were transported to the hospital and were later pronounced deceased. The driver of the Volkswagen was not injured.

This crash is still under investigation. If anyone witnessed it or the events leading up to it, please contact CHP Contra Costa in Martinez, (925) 646-4980 or email 320Investigations@chp.ca.gov.

 

Antioch councilwoman running for State Assembly

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Source: Wilson for Assembly campaign.

Second attempt at higher office, seeks to succeed Tim Grayson as part of effort to elect an equal number of women to the state legislature

By Allen D. Payton

On June 1st, Antioch District 4 Councilwoman Monica Wilson announced her campaign for State Assembly in District 15 which includes portions of Central and Eastern Contra Costa County. Current incumbent, Tim Grayson (D-Concord), is expected to run for the State Senate seat currently held by Steve Glazer who is termed out at the end of 2024. Although California state legislators can now serve a total of 12 years with a combination of time in each house, Glazer won a special election in 2011 to replace Mark DeSaulnier who was elected to Congress in 2015, midway through his term. If Glazer were re-elected for a third term, he would end up serving over 13 years.

First elected to the city council in 2012 then re-elected in 2016 for four-year terms, following the formation of council districts Wilson was re-elected again in 2020 for a two-year term garnering over 55% of the vote against two other candidates. This past year she was re-elected for another four-year term, but the support in her district had dropped to less than 37% in a field of four candidates, including fellow Councilwoman Lori Ogorchock. (See related article)

This is Democrat Wilson’s second run for higher office which included a failed attempt for District 3 County Supervisor in 2016 in which she placed fifth out of six candidates in the primary. (See related article)

The following press release was issued by her campaign:

Four-term Councilmember Monica Wilson announces her candidacy for State Assembly (AD15). Current Assemblymember Tim Grayson is widely expected to run for the Senate seat being vacated by Steve Glazer.

For the past two decades, Monica has served the people of Contra Costa County as a community organizer, high-profile advocate to end human trafficking, and leader in the fight for safe neighborhoods and healthy families.

“I am ready to take my results-oriented leadership to Sacramento – where I can do even more to maintain and improve the quality of life for our Contra Costa County communities and all Californians,” said Wilson. “Too many families are getting priced out due to skyrocketing cost of living and expensive housing. And creating effective solutions to homelessness is not only a regional, but statewide crisis. I have a proven track record of tackling today’s tough problems to provide the leadership every Californian needs.”

“These are all issues I have experienced myself,” she continued. “As your Assemblymember, I’ll fight to address pocketbook issues for the well-being of every Contra Costa County family and residents throughout the Golden State.”

Wilson announced her Assembly candidacy with endorsements from State Board of Equalization Member Sally Lieber, women and human rights advocate Christine Pelosi (Former Speaker of the House and Congresswoman Nancy Pelosi’s daughter) and local leaders including Concord Vice Mayor Edi Birsan and Brentwood Councilmember Jovita Mendoza.

“Monica has led efforts to protect our clean air and water for future generations,” said Board of Equalization Member Lieber. “Monica will lead the fight in Sacramento to make real progress toward the governor’s goal of dramatically cutting carbon pollution to reduce the risk of drought and wildfire.”

“It is more important than ever to elect women with proven track records of results to be our state policymakers. I am thrilled Councilmember Monica Wilson has answered the calls to run,” said Susannah Delano, Executive Director of Close the Gap California, (which is working for “gender parity in the state legislature by 2028”).

15th Assembly District map. Source: Wilson for Assembly campaign.

Assembly District 15 includes the cities of Antioch, Brentwood, Clayton, Concord, Martinez, Pittsburg, Pleasant Hill, a portion of Walnut Creek and the unincorporated communities of Bay Point and Pacheco.

ABOUT MONICA: Antioch Councilmember Monica Wilson champions police reform and safe neighborhoods; solutions to homelessness; expansion of mental health response teams; and bans on new liquor stores. Monica is a regional and statewide leader in the fight against human trafficking, serving as a program manager for a Bay Area nonprofit battling exploitation – and also worked closely with the Contra Costa County District Attorney’s office to create the County’s Human Trafficking Task Force.

REGIONAL LEADERSHIP & EXPERIENCE:

  • Serving 4th term on Antioch City Council; first African American woman elected
  • Vice Chair, Northern California Democratic Party Women’s Caucus; former Vice Chair, Democratic Party of Contra Costa County
  • Board Member, Tri Delta Transit
  • Staff Advisor, FemDems; Outreach Coordinator, Grateful Garment Project
  • Program Manager, Human Trafficking nonprofit Love Never Fails
  • Staff Member, Workforce Development Board of Contra Costa County
  • San José – Evergreen Community College District and Mills College professional positions in Workforce Institute and Student Life divisions

———————-

Wilson is also one of five board members for the Celebrate Antioch Foundation which serves as the fiscal agent for her East Contra Costa Women’s Leadership Initiative.

Issues

According to the Priorities page on her campaign website, Wilson’s platform includes the issues of Cost of Living, Affordable Housing and Homelessness, Safe Neighborhoods and Schools and Climate Change.

Accomplishments

Wilson’s main accomplishment as a member of the Antioch City Council was last year’s approval of the pilot program for a mental health response team to assist the police department, which is expected to begin operating this year. In addition, she championed a moratorium on gas and oil drilling in the city, and rejection of the franchise agreement renewal for the natural gas pipeline that runs through the city. That has resulted in an ongoing lawsuit by the operator of the pipeline. The councilwoman is now pushing for a moratorium on new gas stations in the city.

For the past two-and-a-half years Wilson has been the least controversial member of the council majority that has approved rental housing protections, a homeless motel for transitional housing, reversal of a $750,000 grant for six police officers to serve as School Resource Officers on Antioch middle and high school campuses, multiple cannabis dispensaries and businesses, a ban on the sale of certain tobacco products and the sale or transfer of tobacco retail businesses including to other family members, a gerrymandered council district map, hiring their own part-time secretaries, as well as the hiring of the current city manager, who she later voted to place on paid administrative leave pending at least two investigations.

According to her LinkedIn page, Wilson has held a total of six jobs since 2009. She is unmarried and has no children.

For more information about Wilson’s campaign visit www.MonicaforAssembly.com.

 

Permanent injunction imposed against online education company for alleged violations of children’s privacy law

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Edmodo, LLC allegedly collected names, email addresses, phone numbers, device information, and IP addresses of approximately 36 million children under 13 for advertising purposes until approximately September 2022 and “retaining this personal information indefinitely”

The Department of Justice, together with the Federal Trade Commission (FTC), today announced that Edmodo, LLC (Edmodo) has agreed to a permanent injunction and a $6 million civil penalty in connection with its online educational platform, as part of a settlement to resolve alleged violations of the Children’s Online Privacy Protection Act (COPPA), the Children’s Online Privacy Protection Rule (COPPA Rule), and the Federal Trade Commission Act. The civil penalty is suspended due to Edmodo’s inability to pay.

The Edmodo educational platform, sold to schools throughout the United States, enabled teachers to interface with students, including children under 13 years old, to host virtual class spaces, conduct discussions, share materials, make assignments, and provide quizzes and grades, among other things. In a complaint filed in the U.S. District Court for the Northern District of California, the government alleges that, until approximately September 2022, Edmodo collected the personal information of children under 13, including their names, email addresses, phone numbers, device information, and IP addresses. Edmodo allegedly collected such information without providing notice to the children’s parents or obtaining parental authorization to collect such personal information, as required by the COPPA Rule, and used this personal information to enable third parties to display targeted advertising to student users between 2018 and September 2022.

According to a May 2023 article by Human Rights Watch, “Edmodo was a website and app widely used by children in kindergarten, elementary, and middle schools across the US until September 2022, when the company pivoted to only selling its product to governments. The company benefited from explosive demand in 2020, reporting a 1,500 percent increase in users in the first five months of the pandemic as governments and schools rushed to connect children to online learning.

An investigation by Human Rights Watch in May 2022 found that Edmodo was designed with the capacity to surveil children and harvest their personal data for advertising. Our technical analysis found that Edmodo could not only invisibly tag children and identify their devices for the sole purpose of advertising to them, but also enabled other advertisers to do the same by embedding ad-specific third-party code on its platform. After multiple requests for comment, Edmodo told Human Rights Watch in July 2022 that it did ‘not share [its students’] personal data with any Edmodo business partners or third parties.’”

The complaint further asserts that Edmodo was retaining this personal information indefinitely. As of March 2020, Edmodo retained the personal information associated with approximately 36 million student accounts, of which only one million were actively using the platform. This indefinite retention violated COPPA’s requirement that an operator not retain personal information of children for longer than “reasonably necessary to fulfill the purpose for which [the information] was collected.”

The stipulated order, entered by the federal district court yesterday, enjoins Edmodo from collecting personal information from children in a manner that violates the COPPA Rule and prohibits Edmodo from retaining children’s personal information for longer than reasonably necessary to fulfill the purpose for which it was collected. The order also enjoins Edmodo from collecting more personal information than reasonably necessary for a child to participate in any activity offered on its service. It also requires Edmodo to destroy personal information improperly collected from children under age 13 and to comply with reporting, monitoring, and recordkeeping requirements. Edmodo is also subject to a civil penalty judgment of $6 million dollars, which is suspended due to Edmodo’s inability to pay.

“Children do not lose their privacy protections when they use the internet,” said U.S. Attorney Ismail J. Ramsey for the Northern District of California. “Congress and the FTC have established rules to govern websites and apps collecting and storing the personal information of children. The settlement being announced today demonstrates the Department of Justice’s resolve to enforce those rules. We will continue to work with our partners at the FTC to safeguard children’s online privacy.”

“The Justice Department takes seriously its mission to protect the online privacy rights of children and their parents. This order spells out clearly to all online providers that it is unacceptable to collect children’s personal information without their parents’ consent,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Department of Justice’s Civil Division. “The department is committed to protecting against unauthorized online collection and retention of information, especially from children.”

“This order makes clear that ed tech providers cannot outsource compliance responsibilities to schools, or force students to choose between their privacy and education,” said Director Samuel Levine of the FTC’s Bureau of Consumer Protection. “Other ed tech providers should carefully examine their practices to ensure they’re not compromising students’ privacy.”

This matter was handled by Assistant U.S. Attorney Vivian Wang for the Northern District of California, Senior Trial Attorney James T. Nelson and Assistant Director Lisa Hsiao of the Civil Division’s Consumer Protection Branch, and Gorana Neskovic and Peder Magee of the FTC.

For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at www.justice.gov/civil/consumer-protection-branch. For more information about the FTC, visit its website at www.FTC.gov.

Allen D. Payton contributed to this report.