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The Trucker 060120

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THETRUCKER.COM<br />

I am sick of COVID-19. I am sick of staying<br />

home. I am sick of everything being closed.<br />

I am sick of people getting sick and dying. I am<br />

sick of not knowing how best to move forward.<br />

I am sick of not knowing when this will end.<br />

In other words, I am sick of this whole<br />

damn mess. And I don’t think I am alone.<br />

We are living in crazy times. COVID-19<br />

has, quite simply, changed everything. <strong>The</strong><br />

way we live and work has changed, for likely<br />

forever.<br />

Now, before you think I am an eternal pessimist,<br />

I want to say that I do think we will<br />

come through this better and stronger — albeit<br />

different — than we were before. We have<br />

faced crises before and have always prevailed.<br />

However, as is the case immediately following<br />

most catastrophes, the government may<br />

restrict certain liberties we previously enjoyed<br />

in order to gain control over the situation. For<br />

example, 45 days after 9/11, the government<br />

passed the Patriot Act. In essence, the act allowed<br />

the government to search things — such<br />

as telephone, email and financial records —<br />

without a court order. Many of the provisions<br />

of the original Patriot Act were set to expire<br />

Dec. 31, 2005; however, many of the provisions<br />

have been routinely reauthorized and are<br />

valid today. Many were just reauthorized in<br />

March of this year.<br />

All this brings me to our current situation.<br />

It appears that the best way to contain the<br />

spread of COVID-19 in a partially opened<br />

economy is through: (i) extensive testing;<br />

(ii) use of personal protective equipment; and<br />

(iii) the ability to track individuals who have<br />

the virus or who have been in contact with<br />

those who have the virus.<br />

It is the last one that gives me pause.<br />

Hong Kong, Singapore, Taiwan and South<br />

Korea have all employed this method and have<br />

enjoyed “success.” (I hate to say success, as<br />

people are still dying.) However, in addition to<br />

using humans to trace the virus, they also employed<br />

surveillance technology. This is where<br />

my heartburn begins.<br />

Apparently, the U.S. and several European<br />

countries are now considering a similar use<br />

of surveillance technology to help track those<br />

who have the virus or who have been in contact<br />

with those folks. In fact, Google has been sharing<br />

some of its information on the location and<br />

movement of its users to assist researchers and<br />

doctors as they combat the virus. Moreover,<br />

a team at MIT has developed a proximitytracking<br />

application for those who have been in<br />

contact with COVID-19 patients. In addition,<br />

Google and Apple have already developed<br />

Perspective June 1-14, 2020 • 13<br />

Pandemics, emergency situations call digital privacy protection into question<br />

Brad Klepper<br />

exclusive to the trucker<br />

Ask the<br />

Attorney<br />

apps to allow for voluntary contact tracing.<br />

Now here is where I do a bit of disclosure<br />

about myself. For what it is worth, I am NOT<br />

a hard-core conservative, nor do I value a robust<br />

economy over human life. I am also NOT<br />

a far-left liberal who believes that the economy<br />

doesn’t matter and the government should do<br />

whatever is necessary to support me through<br />

this crisis. I consider myself one of the few remaining<br />

moderates in the world (there are actually<br />

three of us, and we work eight-hour shifts<br />

so someone is always on duty).<br />

With all that being said, I understand that<br />

there is some need for the government to track<br />

the spread of the disease and that, like it or not,<br />

some surveillance will likely be implemented.<br />

My concern is with what information will be<br />

gathered, how long will it be gathered and how<br />

will it be used.<br />

For example, South Korea collects data<br />

from cellphones, GPS, public transportation,<br />

credit-card data, immigration data and other<br />

sources. While all this information can be useful<br />

in tracking people’s movements, I struggle<br />

with the additional implications.<br />

For instance, if the “magic” number of<br />

days for a person to be quarantined is 14,<br />

I would assume this would be the relevant<br />

period of time I would need to be “tracked.”<br />

However, what happens to my information<br />

after the 14 days? Is it deleted or erased? I<br />

doubt it. However, it should be. If 14 days is<br />

the magic number, then there is no need for<br />

the government — or anybody else — to know<br />

where I am and what I am doing beyond that<br />

time frame.<br />

Also, what about my private information<br />

that such surveillance may disclose? What if<br />

I am visiting the oncologist for cancer treatment?<br />

Or meeting with my lawyer? Does the<br />

government (or anyone else) need to know this<br />

information?<br />

Moreover, can you imagine the dollar value<br />

associated with the history of everyone’s movements?<br />

What would a company/person pay to<br />

have that information? To be able to know all<br />

that information is invaluable. Sure, some of it<br />

is already available, but nothing to this extent.<br />

I guess, at the end of the day, I understand<br />

that some of this information may be necessary<br />

to prevent the spread of COVID-19 and save<br />

lives. I am at peace with that. However, there<br />

need to be safeguards put into place to guarantee<br />

that our privacy is protected and that only<br />

the information that is necessary is used —and<br />

only for the relevant time frame.<br />

In other words, we need a digital bill of<br />

rights.<br />

I wish I could say that this was totally my<br />

idea, but it is not. It has been around for years.<br />

<strong>The</strong> current crisis has just brought it back to the<br />

forefront. At the Global Forum on Artificial Intelligence<br />

last year, French President Emmanuel<br />

Macron argued for government to implement<br />

a bill of rights providing for fundamental<br />

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