Monday 6 September 2021

Passport to My Own Island

As the global pandemic has dragged on, momentum to introduce vaccine passports has picked up. I'm horrified. Proof of vaccination for international travel has been common for many years. But I am particularly distressed by the cavalier manner in which passport schemes have been rolled out in domestic settings. I have yet to see a thoughtful, and convincing case in support domestic passports, particularly as SARS-CoV-2 has evolved to where asymptomatic spread among the vaccinated is now commonly acknowledged and emerging research on "natural immunity" is changing how we think about the dichotomy of vaccinated vs. unvaccinated.
Me in Intellectual and Political
 No-Man's Land


Advocates have yet to think clearly about the implications of these schemes. Instead, they have become wedge issues for politicians, demarcating lines of virtue rather than those between safe and unsafe, infected and uninfected.  Passport schemes are fraught with civil liberties issues and run the risk of repeating past mistakes in which the diseased, the different, or undesirable were cast to the margins of our society. A shockingly large number of people seem perfectly fine with this.

Yet, I don't see a public health case for these things. Until I do, it's hard for me to see them as anything other than the forms of coercion and exclusion I feared back in the spring of 2020. If we are going to enter a period of coercion and health segregation, let's call it that. Let's just stop the charade and make vaccination mandatory. Then we avoid starting down a path toward mobile health monitoring that will inevitably metastasize into additional intrusions that facilitate the expansion of state power more than they address the public health issues ostensibly at their core. 


Not Your Mother's Yellow Card

Early advocates for vaccine passports rightly noted that international travel often required regimes of vaccination. All over the world, there are lots of nasty pathogens against which many visitors would have no immunity. Before heading out to explore parts of Brazil, the CDC recommends Americans get jabbed up against things like Hepatitis A and B, Yellow Fever, and take preventative measures to limit exposure to Malaria or Dengue Fever. 

A common paper yellow card stamped with the list of things you're jabbed up against isn't an onerous violation of civil liberties. It is a privilege to visit other countries and the sovereign right of the country you're visiting to deny you entry for lots of reasons, one of which is to minimize prospects that you'll end up sick while in-country. 

In my view, an important feature of yellow vaccination booklets are the limitations on how widely held information about your health is. Sure, paper can get lost, ink can fade, and so on. But the yellow passports are filled out and signed by authorities where you live, but afterward in your sole possession. 

There's an App for That

What's being contemplated and rolled out around the world is something different. We are long-past the point of unhealthy additions to our mobile devices. Now that smart phones have as much or more computing power than your typical PC, there's hardly anything we do anymore that isn't tailored to them. Sadly, we more or less accept the necessity of mobile devices and the bottomless pit of apps available for them. More importantly, that "necessity" is often sold to us as a form of convenience and few of us seldom think about what we are giving away in exchange. 

Electronic "Papers, Please."
The State of New York was one of the first jurisdictions out of the gate with a healthpass scheme that would provide the vaccinated a path toward normalcy. New York's Excelsior Pass allows individuals to show vaccination or a negative Covid-19 test results on their phones prior to entering participating businesses. For a private sector, especially services, that's been pounded hard by lockdowns, the incentives for buying into this scheme are strong; entice fearful, weary customers back to restaurants, theatres, and concerts by ensuring all patrons will have been scanned in via Excelsior Pass. 

That the freedom to patronize those events prior to Covid was restricted by the state and now sold back to us in the form of Excelsior as a convenient exchange for its restoration is never given much consideration. Instead, schemes like this are mostly viewed as "get out of jail" cards. However, while the initial Excelsior Pass scheme was limited to a QR Code indicating vaccination or testing, the entire program has already morphed to Excelsior Pass Plus  which now allows you to include additional information about when you were vaccinated/tested, where, and what kind of vaccine you received. 

Someone Forgot Their Booster
This small detail is potentially quite problematic because the US Food and Drug Administration has yet to approve a number of vaccines. What happens, for example, I have received Moderna or Pfizer but the person I am about to go to dinner with has received Johnson & Johnson or Astra-Zeneca? In some jurisdictions, these various jabs have been offered in combination with each other. What will pass muster with the participating restaurant I'm hoping to enter? Add to this the Biden Administration's intention to offer booster shots (3rd jabs) to many Americans and things get really messy. What if I don't have Booster 3.1 or 3.5? How will I navigate the passport requirements of different jurisdictions? Canada and the United States, for example, have healthcare systems managed mostly by sub-federal governments. There is very little centralization of data. If we are going to preserve some semblance of labor mobility domestically, there will have to be a harmonization of standards or centralization of data systems.

Seen this Movie Already

Coincidentally, the fever pitch of interest in passports as our way out of our Covid mess is peaking right around the 20th anniversary of the 9/11 terrorist attacks on the United States. It's an apt moment to think about the many ways we threw technology at the problem of terrorism. We'll never know for sure how much of what we did actually thwarted terrorist plots of one sort or another. However, every time a new plot was hatched, it seemed a new measure wasn't far behind as a means of combatting that specific plot. 

Explosives embedded in your shoes? Off with your shoes at airport security. Explosives in your underpants? Everyone through the full-body scanners. Explosives carried aboard in small containers? No more containers. However, it wasn't long before "convenience" measures were introduced to facilitate various forms of trusted traveller or trusted cargo across borders. A veritable alphabet soup of programs now exist to facilitate cross-border movement of goods, services, and people. One notable program for people is the Canada-US NEXUS program aimed at speeding "trusted travellers" through customs and immigration so authorities can focus their resources on higher-risk screening.

In exchange for vetting by law-enforcement in both countries, you can bypass airport queues, swipe your NEXUS card at a ATM-style kiosk in arrivals halls, make your declaration, and speed off to your boarding lounge to wait for your fellow serfs to clear customs normally before boarding the plane. The sales-pitch of NEXUS is convenience at airports and border crossings. However, what is really means is you sacrificing a bit of privacy to authorities so they can direc
t resources to the real threats around us.

Will Not Give You Money
Now Accepting Health
 Passport Info
The entire enterprise of combating terrorism spawned a massive industrial complex aimed at providing layers of security; what President Eisenhower might have called the "Security Industrial Complex," complete with it's own professional association and annual exhibition. Hence, it's not just the leviathan-like Department of Homeland Security with it's 240,000 employees or it's $US52 billion budget. It's also the entire for-profit private sector eco-system that supports, supplies, and services the homeland security architecture. 

A prime example of this kind of private sector activity is a firm called Clear Secure, a private firm which operates CLEAR, a domestic trusted traveller scheme like NEXUS, except that your data is taken in and stored by Clear Secure.

You'll not be surprised to learn than CLEAR is already positioning itself to accept your healthpass data as well. 

Missing Rationale for Vaccine Passports

One could object to the civil liberties implications of the "Homeland Security Industrial Complex," but there was generally a coherent rationale for many of the measures put in place. Was it a disproportionate reaction that skewed risk assessments about the actual threat? Probably. Has it created a leviathan we will likely never be able to shrink? Absolutely. 

The two decades since 9/11 have seen the permanent expansion of the national security state. In every corner of the country, Homeland Security is omnipresent. It's not inconceivable that we'll end up going down a similar road now that we've upended our societies to fight Covid. I haven't done a comparative risk assessment, but there are numerous comparative assessments of one's chances of dying in a terrorist attack. They're not high, yet we transformed the national security state in response. I don't think we've done a very good job assessing risk or doing cost-benefit analyses during the pandemic either. Much as our obsession with security justified the expansion of the national security state, Covid has similarly facilitated the expansion of state power
 
Passports would become just one aspect of that growth. But, before we march the down road as a means of combatting Covid, I'd like to see a coherent rationale that is about public health and not coercion and power. I'm still waiting.

Vaccinated Vectors

In the spring and summer of 2020, as vaccines were still in their early stages of development, I could object to passports on privacy grounds and unease with private sector management of my health data. However, so long as there was the prospect of a real public health distinction between the vaccinated and unvaccinated, I could see the logic of passports. I was more sympathetic to them for international mobility than domestic, but I could at least see the logic. 

But as what we know about Covid has evolved, the logic of preventing spread through passports has collapsed in my mind. Earlier this year, the CDC changed its recommendations around masking and social distancing flowing from an outbreak of Covid-19 during an annual Gay Pride event in Provincetown, Massachusetts. Alarming to the CDC was the fact that there were hundreds of Covid-19 infections in a population that was more than 70% vaccinated. Indeed, among those who experienced symptoms, nearly 80% were fully vaccinated. Only 4 people were ill enough to be hospitalized, and no one died. 

In my personal opinion, the key news from this event was the ability of vaccines to keep people out of the hospital. The CDC, on the other hand, was alarmed by spread of Covid among the vaccinated. Since then, there's been considerable hysteria around the misnamed "breakthrough" infections among the vaccinated. 

Early proponents of vaccine passports assumed there was little transmission of Covid from those who were already vaccinated. Current research suggests the vaccinated are less of a spread threat than the unvaccinated, but this potentiality undercuts a central claim in support of passports. 

Natural Immunity

One of the other problems for proponents of passports is a growing body of research looking into the enduring immunity among those who have been naturally infected with Covid. Indeed, it seems immune systems of many of those who've recovered from Covid mounted a significant, and enduring, immune response; a response that may actually be longer-lived than immunity induced by vaccines. How do passport proponents plan to work this into their scheme? We don't have conclusive evidence as to whether the naturally infected actually need vaccines, but vaccine passports that do not incorporate acquired immunity will marginalize a significant number of people who are just as unlikely to clog hospital ICUs as the vaccinated. 

Just Mandate, and Be Done With it.

In addition to complaining about passports on this blog, I've been pleading with Twitter to offer up a rationale for passports. I won't make examples of anyone here by posting the responses I have received, but most of them maintain there remains a public health rationale for passports anchored in slowing the spread. It's as if the knowledge base from which they are working hasn't incorporated "breakthrough" infections among the vaccinated. What difference will a passport make to slowing the spread if, after you've admitted the vaccinated to your restaurant, they spread "breakthrough" infection to each other, and then all resume their circulation as vectors throughout the community? 

Not What We Think They Are

Passport schemes are not going to solve the problem people think it will. Indeed, they are mostly indirect forms of segregation and coercion that will dump responsibility for enforcement onto lots of non-government entities; service sector in particular. 

I've seen it argued that vaccination status could be managed like smoking. There are currently lots of limitations on where you can smoke, almost all of which are outside. But vaccine passports are not the same. When you need to step out for a cigarette, you do so and are then free to return. Vaccine passports will limit access to some form of normalcy only to the vaccinated. The unvaccinated will not be able to "re-enter" at any point.  
If we are going to coerce people to get vaccinated, let's just cut to the chase and mandate it. All I see in passport schemes is scope for abuse, particularly when the public health rationale for them is thin. There are lots of legal and ethical reasons governments have historically resisted mandates, but I don't see the practical difference between them and passports.  
Medical Segregation

Part of my concern about the prospect for abuse is the way in which humans have historically used health care and medicine as the basis for marginalizing groups of people. If you think that's all ancient history, consider how recently we decided eugenics programs were inappropriate? Sadly, medicine has had some important ethical lapses. Rather than link to a long list of them, I have embedded a recent Tweet from Martin Kulldorf of Great Barrington Declaration fame. For some, his association with Barrington is enough to get him (and me) dismissed as a QAnon quack. Whatever!

What's interesting about his Tweet was the way a clever falsehood suggesting we've never blamed the diseased for our problems generated an avalanche of responses to the contrary.

Our response to Covid-19 has already been depressingly regressive in terms of its impact. The wealthy laptop class have done quite nicely while many others have struggled. In my opinion, vaccine passports also threaten to exacerbate divisions in vaccine uptake along racial lines. In the United States, for example, Black and Hispanic Americans have lower vaccination rates that White Americans. There are many factors at play here, including a justifiable history of distrust of the medical community. However, the discriminatory coercion of vaccine passports is likely to be felt most acutely among visible minorities. Moreover, electronic passport schemes like Excelsior exacerbate the digital divide already impacting those same communities.  Then, of course, there's the differential impact of adopting vaccine passports in the developed world before a majority of the developing world has had their first jabs.

Illiberal Democracy

Lots of people will dismiss this whole blog post as needlessly alarmist. They will correctly point to the fact that none of the passport schemes introduced in Europe or North America comes anywhere near the Orwellian social credit scheme relentlessly expanding its reach in China. But are there really so many differences? Indeed, part of my complaint with all of this is the inexorable intrusion of technology and surveillance into our lives. I'm perhaps extra sensitive to this-- I don't like Siri telling me how long it will take me to get home just because I am on the move in that direction at roughly the same time each day.  I just don't think the introduction of vaccine passports will end there. Indeed, I can easily see them morphing into Health Passports that include background data collected from your smart phone or FitBit. What about monitoring how much fast-food you've purchased, your caloric intake or your BMI? What about the medications you are, or have, taken? All convenient, right? Our smart phones have already hastened the onset of the cashless society and transformed us into micro-targets for consumer marketing. With vaccine passports embedded in them, we may soon be using our phones to swipe us into our places of employment, or access a host of other basic services. And what about health care itself? For now, passports would segregate the vaccinated from the unvaccinated. But could we eventually be segregating the healthy from the unhealthy along different criteria? Excellent. It will all be just the latest thing we collectively shrug our shoulders at. 

New York's Excelsior Pass has already expanded. CLEAR is already positioning itself to make airport screening "easier" by linking your health pass information. Mobility data from our phones has already been used to track our collective compliance with Covid restrictions. And, if we so choose, we can download software to warn one another via Bluetooth as to whether or not we've been infected (I can hardly wait until that becomes mandatory). Indeed, in what used to be the liberal democracy of Australia, mobile devices are now being deployed against people in an effort to enforce stay-at-home orders. Randomized text messages from authorities require a response within 15min using a combination of facial recognition technology and GPS location services to prove you are adhering to those rules. Big Brother is in your pocket, and he's watching you. Now that we've all been terrorized into submission by Covid, my bet is that technology 

Waiting. mask on, for Uber Eats
 to Deliver Some Humble Pie
I know a lot of this makes me seem like a paranoid Luddite. But am I really so paranoid? I expected some of what I've seen unfold in China or Hong Kong. It's what thuggish states do. Much more depressing is what's unfolded in parts of the Anglosphere, notably Australia and New Zealand. I welcome any intervention that could prove me wrong since it would suggest we are not sliding toward illiberalism as quickly as I fear. 

For that, I would happily eat humble pie!!!! Until then, I'll waiting by myself on my intellectual and political island. 

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