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May 19, 2021


WILL VACCINE PASSPORTS BE AMERICA’S VERSION OF YELLOW BADGES?

By Janet Levy


With millions of Americans vaccinated against COVID-19, a national debate now
rages over “vaccine passports” (or vaxxports) that privilege those who have
taken “the jab.” These proofs of immunization take the form of a smartphone app
with a personalized QR code. Those favoring such digital certification say it
makes us “safer” as a society and hastens a return to pre-pandemic normalcy. But
critics liken it to China’s social scoring system (Social Credit System) aimed
at rewarding those who conform and punishing those who don’t. They decry it as
government overreach, invasion of privacy, and curtailment of personal freedom.
They believe Americans shouldn’t be required to show proof of vaccination or
reveal personal information to go about their daily lives. Anti-vaxxport
protesters in California’s Orange County – who are on the frontlines in this
battle – even had a placard saying "'Show Your Papers' is a Nazi Plan."

The Biden administration ushered in the vaxxport program deviously, freeing
itself of accountability and letting private companies in tune with it to
implement the agenda. The idea was floated as a trial balloon with a statement
by White House press secretary Jen Psaki: “There will be no federal vaccinations
database and no federal mandate requiring everyone to obtain a single
vaccination credential.” But by adding that “the development of a vaccine
passport, or whatever you want to call it, will be driven by the private
sector,” Psaki admitted that the policy would be enforced by private companies.

The effort is spearheaded by the usual suspects – Microsoft, Oracle, the Commons
Project (a Rockefeller Foundation-funded non-profit that is part of the World
Economic Forum), and other corporations committed to global vaccination
certification. They claim to follow an “equitable and privacy-preserving
approach to verifiable data sharing.” Their project, the Vaccination Credential
Initiative – a coalition of more than 300 healthcare and technology groups – is
working on the upcoming implementation of a SMART health card that stores vital
medical data, including vaccination records. But such record-keeping systems are
at risk. In 2019, a University of California test found the healthcare reporting
mechanism vulnerable to cyberattacks, data privacy breaches, and even data
manipulation that could result in patient injury or death.

Residents of Orange County, well informed and politically aware, have been the
most vocal and active in the fight against vaccine passports. They have taken on
the county authorities, who have been secretive and underhanded with funds for
the program. Protesters are opposing the implementation of a de rigueur digital
record system for vaccines that are at best described as experimental since they
have not yet been approved by the FDA.

Initially, residents were informed that the smartphone-based Othena app,
purchased by the county in late 2020 outside established contract protocols, was
meant for vaccination appointments, tracking side-effects, and providing them a
digital record of their inoculations. In April, residents voiced concern that a
digital vaccination passport might be implemented. But county supervisors, much
like the Biden administration, proclaimed that they would never institute such a
requirement. Then, belying conspiratorial intent, one supervisor commented that
demanding such documentation would be an issue between businesses and their
clients. That is, the county won’t intervene should a business or a school
decide not to admit those who aren’t able to provide proof of vaccination via
the app.

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The worry is that digital records can be used to track people. Cyberattacks and
data glitches could reveal private medical information. Worst of all, vaxxports
create a two-tiered society. Those who choose not to be vaccinated – for
religious reasons or because the non-FDA approved vaccines are of dubious safety
and efficacy – won’t be able to move about freely and lead normal lives.

Peggy Hall, a community leader who runs the website The Healthy American,
exposes the duplicity of the county’s Board of Supervisors. She says that by not
formally mandating vaxxports, the county can affirm adherence to the California
civil code (CIV Sec 51), entitling every individual free and equal access to
“all services in any business establishment of any kind whatsoever, regardless
of their medical condition.” The true fight, she says, is to get the Board of
Supervisors to state on record that they will prosecute businesses for
discrimination should they demand vaccine passports from customers.

Ms. Hall also draws on another California law – the Protection of Human Subjects
in Medical Experimentation Act – giving individuals the right “to determine what
is done to their own bodies” and “the right to decide or consent or not to
consent to a medical experiment without the intervention of any element of
force, fraud, deceit, duress, coercion or undue influence on the subject’s
decision.” Since all anti-COVID vaccines remain unapproved, they may be deemed
experimental. Therefore, individuals have the right to refuse and should not be
penalized in any way for doing so.

Another valiant leader in the fight, Attorney Leigh Dundas of Advocates for
Civil Rights, points out that the legislation on medical experimentation on
human subjects is a criminal statute. Experimentation without informed consent
is punishable by six months in jail or a $50,000 fine or both. Mandating
immunization with unapproved vaccines amounts to forcing people to subject
themselves to medical experimentation – a criminal act.

Besides, Ms. Dundas notes, “40% of residents over the age of 65, 20% of the
poor, and 15% of most minorities don’t own smartphones.” Therefore, requiring
people to show a QR code on an app is “impractical and discriminatory as a
significant percentage of the population can’t even show proof of vaccination.”
Adding that everyone has a right to freedom of movement in the community, she
wonders why vaccination against COVID-19 should be a requirement for entering a
place of business when negative tests were never demanded for tuberculosis, also
an airborne disease like COVID-19.

The American Civil Liberties Union (ACLU) has also weighed in on the debate and
says vaccine passports amount to government overreach. The organization opposes
vaccine passports saying they are privacy-invasive and have the potential to
segment society. The website has an article titled ‘There’s a Lot That Can Go
Wrong With Vaccine Passports.' Another says: ‘Coronavirus Immunity Passports Are
Not the Answer: A system of immunity passports in the United States threatens to
exacerbate racial disparities and harm the civil liberties of all.’

Last week, close to 1,000 anti-vaxxport protestors, many for the second time,
gathered at yet another Orange County Board of Supervisors meeting. The board
initially defended vaxxports, saying they would enable full reopening of the
economy. Clearly incentivizing businesses to comply, Supervisor Katrina Foley
cited the importance of tourism to the area and said tourist attractions are
booked online and would need to depend on digital proof of vaccination to
operate at full capacity. In the face of public disapproval, the board
ultimately voted 4:1 against the pursuit of digital passports, but the matter
could be opened for later consideration. So the fight continues in Orange
County, where residents are vocal, well-educated, and know their legal rights.
They could serve as role models for the rest of the country.

Their sentiments are echoed by Republican Senator Ron Johnson of Wisconsin, who
told Fox News in an interview that getting the vaccine is a “right-to-choose
issue”, and that Americans should be well informed before deciding to get
vaccinated. No one should be pressured into doing so. He cautioned that 3,000
deaths and 10,000 hospitalizations have been reported on the VAERS database of
the Center for Disease Control and Prevention (CDC), 40% of them occurring in
the first three days.

The bottom line is that Americans are being told – without proper testing – that
the vaccines are 85% to 94.1% effective. Also that those who take the jab
needn’t worry about infection from those who abstain. Without any scientific
basis, such reasoning divides Americans, privileges some, discriminates against
some, and tramples on individual rights. Vaxxports could become America’s 21st
century version of yellow badges.

Image: Marco Verch Professional Photographer, via Flickr // CC BY 2.0

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