by Nancie Orticelli
The last 6 months have brought more information into our lives than most of us can sort through and determine what is fact, fiction, conspiracy theory or just plain paranoia. Even though most of us have had more time on our hands than ever before due to the lockdowns and job losses, the battle for our attention has reached a fever pitch level from Tiger King, to documentaries released on youtube about the Hollywood pedophile machine, to masks, ventilators, vaccinations, billion dollar software tech creators being the so called voice of public health policy, and CNN reporters attacking bicyclists. Don’t forget the murder hornets! Now add a race war bordering on a Civil War with curfews, police in riot gear, cities being leveled, and it’s amazing we’re not all locked up in some padded room, rocking back and forth.
But in the light of a future mandated vaccination for Covid-19 being discussed this month in Albany, NY by the New York State Bar Association (NYSBA), I took it upon myself to look into the unconstitutionality of that as well as the new buzz phrase “contact tracing”.
What is contact tracing? According to NYS Governor Andrew Cuomo, “It’s quick easy and painless. If I have time, you do too”. Yeah, you lazy New Yorkers.
Contact Tracing is the process of identifying and monitoring contacts of infected individuals. It’s been digitized, globalized and now consumerized.
Who’s eligible?
-Anyone who has COVID symptoms
-Anyone who had contact with someone positive for COVID
-Health care workers, nursing home workers & first responders & essential workers who interact with public
-Any individual who would return to workplace in Phase 1 of reopening
Let’s take a moment to remind ourselves of the 4the Amendment. “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
“The right of the people to be secure in their persons and their effects… That right SHALL NOT BE VIOLATED. Can you think of anything more violating than to be injected by puncturing your skin (your person) with a needle and being forcefully injected with chemicals you do not consent to? Can you think of anything more violating than to have your cell phone (your effects) being hacked with spyware created to monitor your movements and store the data of where you’ve been, who you’ve been with and then share that information with officials without your consent?
Well, if you own a smartphone, either iPhone or Android, that second violation is happening as of the beginning of May, 2020. Apple and Google have implemented an update for their devices and for Apple, it’s called ios 13.5 Here are some of the “features” you get when the update is complete:
- Apple update “speeds up access to the passcode field on devices with Face Id when wearing a mask” (say what??)
- Introduces Exposure Notification API to support Covid-19 contact tracing apps from public health authorities
- Enables you to be alerted if you come into contact with someone who has covid 19.
- Allows you to anonymously notify others you come in contact with if you are diagnosed. Tracing is disabled by default , apparently.
- Apple has stopped signing ios13.4.1 which means users can no longer downgrade from ios 13.5 (first time in Apple history you cannot uninstall an update)
- Apple and google have said they won’t share the health data collected with local, state and federal agencies.. yet.
- They both have chosen to use Bluetooth to identify when two individuals come into proximity with one another, not the location tracking through GPS on location settings. So turning location settings off won’t do the trick.
- Contact Tracing on your phone is called Exposure Notifications
- Phase one in May, all tracing is off by default unless you download an app.
- Phase two will allow it to work without a 3rd party health authority app, so it won’t matter if you downloaded one or not, you’ll have it, but that will be later this year.
- All this is directly from Apple and Googles websites
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