bookmark_borderBig Brother on campus

As colleges and universities attempt to resume in-person learning this fall, they are adopting policies that should be disturbing to anyone who values privacy or individual liberty. Schools have been cracking down on students who gather in groups, with Syracuse University bashing students as “selfish” for attending a party, Ohio State University suspending 228 students for partying, the University of Alabama issuing 639 sanctions, and Northeastern University expelling 11 students and refusing to return their tuition, to give just a few examples.

More disturbingly, many colleges are requiring students and employees to undergo Covid-19 testing as a condition of being on campus. Colby College in Maine, for example, requires students and employees to be tested three times a week, which will eventually go down to twice a week, according to the Washington Post. The University of Illinois at Urbana-Champaign requires twice a week testing, and Miami University of Ohio also requires tests for students living on campus. At Harvard, students who live on campus must be tested three times per week, employees who have a high degree of contact with students must be tested twice per week, and students who live off campus as well as any employee who works on campus more then 4 hours per week must be tested once per week. The good news is that, according to Harvard’s coronavirus information page, most of the testing will be self-administered, which I believe consists of swabbing the inside of one’s nostrils, but not in the painful and invasive way that is typical when medical professionals administer the test. Regardless of how the testing is conducted, requiring a medical procedure as a condition of employment or attending school is wrong. People have the right to make their own medical decisions, and no one should be required to undergo a test to prove that they are free of a virus.

College students’ privacy rights are also under assault. Harvard’s data collection policies, for example, state that the university will track people’s movements for contact tracing purposes by logging their card swipes and their wifi locations. Worse, Albion College in Michigan is not only requiring students to undergo testing but also requiring them to download an app that Cheryl Chumley of the Washington Times correctly called “a surveillance nightmare.” This app tracks students’ locations in real time and automatically sends an alert to school administrators if they violate safety precautions. One forbidden activity is leaving campus without permission; any contact with the outside world is considered unacceptably risky. In Chumley’s words, these requirements amount to “tracking students, monitoring students’ behaviors, and punishing students, long-distance, without regard for due process or, more figuratively speaking, trial by jury.”

Some people might argue that these testing and tracing requirements do not violate anyone’s rights because no one has to attend or work at any particular institution. If you don’t want to get tested or have your location tracked, just don’t go to one of these schools, the argument goes. The problem with this argument is that if schools and employers are allowed to institute these types of requirements, there is nothing stopping all schools and employers from instituting them. And if all schools and employers require that people give up their privacy and medical freedom in order to take classes or work there, then for all practical purposes, people have no choice but to give up their privacy and medical freedom. In other words, if declining testing or contact tracing means giving up one’s job or one’s chance to attend a prestigious college, that is not true freedom. Thankfully, there are currently still numerous companies and schools that do not require virus testing as a condition of employment (Texas A&M and the University of Florida are two examples), but those that do are setting a disturbing precedent. The more institutions that institute these requirements, the less realistic it becomes to tell people that if they don’t want to be tested or tracked, they can simply choose not to go there. No one should have to choose between their education or job, and their rights to privacy and bodily integrity. Institutions should be prohibited from requiring virus testing or location tracking of their students and employees.

bookmark_borderAs restaurants open, warrantless searches should not be on the menu

As restrictions on people and businesses are gradually lifted, a disturbing new practice has emerged. Some cities and states are requiring restaurants and other businesses to collect information on customers to assist governments with contact tracing efforts.

In New Orleans, Mayor LaToya Cantrell is asking all businesses to keep track of everyone who enters their establishment. “Businesses will be expected to play a role and to have a plan in place to help track employees and clients in their space,” a city spokesperson said. Michael Hecht, the President of Greater New Orleans, Inc. voiced opposition to this idea, saying that business owners are concerned about “privacy of customer data and whether customers even want to give this data.”

In Kansas City, Missouri, restaurants must collect customers’ names, phone numbers, and check-in and check-out times.

Elsewhere in Kansas, Linn County implemented a similar requirement for a variety of businesses including restaurants, health clinics, dentists, pharmacies, banks, stores, and day care centers. A newspaper publisher and a restaurant owner have filed a federal lawsuit arguing that the requirement authorizes warrantless searches. “Constitutional rights do not get suspended during a pandemic,” said Samuel MacRoberts of the Kansas Justice Institute. “There is a clear process by which governments can obtain business and personal records. Unfortunately, Linn County has ignored that process and put the basic rights of its citizens in serious jeopardy.”

Austin, Texas is also requiring restaurants to keep a log of diners. The president of the Texas Restaurant Association, Emily Williams Knight, called the requirement “simply not right” and voiced concerns about the burden on small businesses and the privacy implications for customers.  

Rhode Island has enacted a similar policy. “Establishments shall maintain an employee work log and retain the names and contact information of individuals placing reservations for a period of at least 30 days and make this information available to RIDOH upon request for the purposes of contact tracing,” the phase 1 re-opening guidelines state.

In Washington, Governor Jay Inslee initially planned to require restaurants to track each customer’s name, email address, phone number, and what time they came in to eat. Fortunately, however, he changed his mind and made the data collection voluntary.

Hopefully these data collection requirements will not become the norm. People have a right to privacy. People have a right to live their lives without their activities being tracked and monitored. And people have a right to go about their business – including going to stores, restaurants, and bars – without anyone knowing their identity, if they so choose. Requiring people to provide their identities whenever they visit a restaurant or other business is a disturbing step towards a totalitarian society.