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.

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COVID-19 and Work

March 9, 2020
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Employers and employees have questions about what steps they should be taking to help protect against COVID-19, the infectious disease caused by the most recently discovered coronavirus in the workplace. We have compiled some useful resources to help you understand what actions to take at this time related to work.

With Michael Bloomberg in the Race, It's Time We Talk About NDAs (again)

February 25, 2020
Pregnancy Discrimination
Sexual Harassment
In 2018, Governor Cuomo signed a law that banned many NDAs and mandatory arbitration for complaints, but some activists and policymakers argued that the state had focused too narrowly on sexual harassment, and the 2019 laws expanded the 2018 laws to include protections against NDAs in other forms of workplace discrimination.

The Postpartum Ad the Oscars Wouldn't Run

February 24, 2020
Pregnancy Discrimination
Paid Family Leave
Sometimes reality is too real for Hollywood and the culture machine, as was demonstrated when ABC and the Academy decided not to air an ad dealing straightforwardly with the reality of postpartum life. The ad for Frida Mom, a retailer in the baby and new mother field, depicted a women confronting in a realistic manner the stress and changes that occur for new mothers.

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