Coronavirus

Coronavirus Surveillance Is Entering Dystopian Territory

Jared Kushner’s team is considering a national monitoring system as some municipalities deploy drones to enforce social distancing.
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Police in Spain use a drone to enforce shelter-in-place directives to contain the spread of coronavirus in April.Ramon Costa/SOPA Images/LightRocket via Getty Images

Earlier this week, the Elizabeth, New Jersey police department gave residents a look at one of the drones officials there will use to help monitor residents and enforce social distancing measures aimed at slowing the spread of the novel coronavirus. “These drones will be around the City with an automated message from the Mayor telling you to STOP gathering, disperse and go home,” the department said.

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The city, which has seen close to 1,500 confirmed COVID cases, is one of a growing number of communities in the United States that is either deploying or considering the use of unmanned drones to support their shelter-in-place directives—a practice that has been used, seemingly with success, in countries like France and China. But on Wednesday, the Elizabeth police department was forced to clarify in a second video emphasizing that the drones were only there to spread “an automated notice about keeping your social distance.”

“We are just trying to save lives, not trying to be big brother,” the department said on Facebook. “There is no recording and no pictures being taken, it is a tool of encouragement to follow the rules.”

The episode underscores the looming tensions for federal and local governments between civil liberties and efforts to combat a deadly pandemic that has paralyzed the country. The U.S. government was caught flat-footed by the public health crisis, thanks to Donald Trump ignoring months of warnings and relying on wishful thinking rather than action. But with America now the epicenter of the pandemic, the administration is trying to play catch-up, with Jared Kushner—the president’s unqualified son-in-law and senior adviser—leading a coronavirus response team that has floated a number of potential measures, including a national surveillance system to monitor outbreaks. That has raised privacy concerns, with critics likening it to the Patriot Act put into place following 9/11. “This is a genuine crisis—we have to work through it and do our best to protect people’s health,” Jessica Rich, a former director of the Federal Trade Commission’s consumer protection bureau, told Politico. “But doing that doesn’t mean we have to destroy privacy.”

Within the federal government itself, there has been a clumsy acknowledgement that there are limits to what the U.S. can do in its efforts to contain the virus. “We are not an authoritarian nation,” Surgeon General Jerome Adams said on Fox News last month, soon after the World Health Organization declared coronavirus a pandemic. “So we have to be careful when we say, ‘Let’s do what China did, let’s do what South Korea did.’” (South Korea is a democracy.) Still, actions by the Trump administration to loosen data sharing rules around healthcare and the national coronavirus surveillance proposal from Kushner’s team have raised concerns from privacy advocates—particularly given the longstanding fears about how the Trump administration has used surveillance and technology in its immigration enforcement and other controversial policies, along with the president’s erosion of democratic norms.

“We dealt with similar issues in 9/11,” Rich said. “One reason that the government doesn’t have all of this data is there’s a lot of concern about big brother maintaining large databases on every consumer on sensitive issues like health, and for good reason.” Indeed, for critics, the privacy questions extend beyond the present moment when governments are grappling with the deadly pandemic — what happens when this crisis passes? Is it possible to get the toothpaste back in the tube? “My biggest concern is that tech will emerge more powerful than it was,” Burcu Kilic, who leads a digital right program at consumer advocacy organization Public Citizen, told Politico. “When things get back to normal, do you think they’ll want to regulate them?”

Municipalities like Elizabeth and Daytona Beach, Florida that are making use of drones to enforce social distancing are getting a taste of what normal might look like, thanks to the pandemic. As Thomas Gaulkin of the Bulletin of the Atomic Scientists noted earlier this month, many Americans— often fierce in their objections to perceived government overreach into their lives—might normally object to dystopian images of flying robots policing lockdowns. But these, of course, are not normal times. “If drones do begin to hover over U.S. streets to help control this pandemic,” Gaulkin wrote, “it will be yet another visible reminder that we’ve entered a public health Twilight Zone where Americans have no better option than to embrace what was once only imaginable, and never real.”

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