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COVID-19 and the Constitution

Surveillance in a Pandemic: Preserving Civil Liberties

April 16, 2020

As governments consider new surveillance measures to respond to COVID-19, we bring together medical and civil liberties experts to examine what will and won't be effective and how to preserve civil liberties.

In this virtual briefing, we examine surveillance measures in response to the COVID-19 pandemic. The discussion looks at the obstacles to effective contact tracing systems, and what principles should guide the government if it does choose to enact public health surveillance measures as part of its pandemic response. 

Some key takeaways include:

  • Surveillance is unlikely to provide much value in the United States until testing dramatically improves: Without a quick and robust testing system it will be impossible to create an effective contact tracing system, even with intensive surveillance measures.
  • Cell phone tracking faces significant technical hurdles: Measures currently being considered, such as the Apple and Google Bluetooth project, have a limited ability to accurately identify the types of contacts that pose a high risk of infection, which could lead to an ineffective system that generates false alarms and loses the public’s trust.
  • Surveillance programs must have guardrails: There are numerous limits that could be placed on any surveillance measures to protect civil liberties and prevent mission creep, such as prohibiting use other than for public health purposes and creating a timeline for deleting data.
  • There are lessons we can learn from other countries that are enacting a variety of surveillance measures. Some of those programs may be effective, but others appear more designed to facilitate draconian enforcement and support repressive regimes.

People

  • Speaker

    Jake Laperruque

    Jake Laperruque is Senior Policy Counsel with The Constitution Project at POGO.

  • Guest Speaker

    Michael Osterholm

    Dr. Michael Osterholm directs the Center for Infectious Disease Research and Policy at the University of Minnesota.

  • Guest Speaker

    Deborah Brown

    Deborah Brown is a senior researcher and advocate on digital rights at Human Rights Watch.

  • Guest Speaker

    Greg Nojeim

    Greg Nojeim is a senior counsel and director at the Center for Democracy & Technology.

Show Notes:

  • Watch the video of the briefing

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The Constitution Project

The Constitution Project seeks to safeguard our constitutional rights when the government exercises power in the name of national security and domestic policing, including ensuring our institutions serve as a check on that power.

Related Tags

    Constitutional Principles COVID-19 Surveillance Civil Liberties

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