April 22, 2020
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What’s Next? As States Look to Reopen, Technology Looms

As coronavirus continues to rage throughout the world, many experts are starting to speculate on when and how to loosen federal, state and municipal restrictions on movement and business. There is near unanimous consensus that a vaccine is months, if not years, in the future, and this belief raises the necessity of states and municipalities to develop a robust contact tracing system that can quickly address the inevitable flare ups of the virus, which will allow public health officials to deploy targeted quarantines that will allow the surrounding community to maintain some semblance of normalcy.

Enter tech giants Apple and Google. Both companies are proposing a joint effort to develop contact-tracing capabilities via smartphones that run their operating systems. The short version of the companies' proposal works like this: Android and iOS users would opt in to a contact-tracing app that relies on GPS data from users’ phones. If, for example, a user is diagnosed with coronavirus, the app will be designed to contact other people who have been in close proximity to that individual. As of this writing, the proposal assures that users would be anonymized and that movement and other personal data would not be collected by Apple or Google.

The proposal is similar to programs that are currently being proposed by or used in other countries, such as Israel, which passed emergency measures authorizing its security forces to use mobile data to assist in contact tracing efforts. EU officials have called for a similar program to the one proposed by Apple and Google.

While there is no question that technology, especially mobile technology, will have a large part to play in speeding response times and providing fast and accurate information about coronavirus outbreaks, there is significant potential for problems that must be considered, ranging from mundane technical issues like how stringent the algorithm should be when contacting people to much broader issues, such as unequal access to stable internet and the potential to trample civil liberties. 

The ACLU, for example, has already weighed in, noting that, in theory the idea is a good one, but that the developers and the governments that will inevitably use the technology must prove that they properly protect people’s rights. Additionally, the technology relies on people both opting in and respecting the system enough not to abuse it by making false reports or pretending to be someone else.

Another major issue we are tracking is the one of anonymity. Although representatives of Google and Apple have assured that their efforts will effectively anonymize user data, as The Markup noted, tying user data to public health records will make anonymity more difficult and there is great potential for users to be reidentified.

We will continue to watch how developments unfold and how this may affect you.

Cryptocurrency as Wages? NYC Mayor Eric Adams Buys In, But It’s Not That Simple.

February 28, 2022
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When New York City Mayor, Eric Adams, announced he was taking his first three paychecks in the form of Bitcoin, it might have been a publicity stunt, and one that backfired as Bitcoin prices took a nosedive, but it has highlighted a new means of employee compensation that is potentially on the horizon.

Bill to Ban Forced Arbitration in Sexual Misconduct Cases Passes the Senate

February 14, 2022
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Arbitration clauses are often buried deep in employment contracts, and many employees don’t know what they’re agreeing too or don’t fully understand what arbitration means. These clauses force employees with claims against their employer to bring them to arbitration—a private process which is often fully funded by the employer itself.

Workers Still Lack Security Despite Tight Labor Markets

February 9, 2022
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The labor market is exceptionally tight, a scenario which has converged over the last six months with what economists are calling the Great Resignation, with a record number of workers quitting in November. In the popular media, the narrative emerging from this phenomenon is one in which workers are in possession of more power than they have been for quite a while, which has resulted in an increase in wages, especially for the working class. The power, however, ultimately remains in the hands of bosses, and many workers’ experiences do not neatly coincide with the narrative.

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