Covid-19 Vaccine Mandates Are Surviving Nearly All Court Challenges
Nearly all legal challenges to vaccine mandates for public workers, which have been enacted in over 20 states, have failed in US courts. Courts have largely cited the Supreme Court’s holding a century ago in Jacobson v. Massachusetts, which upheld Cambridge’s vaccine mandate to address a smallpox outbreak and affirmed that states have broad power to address public health challenges. The only exception so far was a federal judge in the Northern District of New York who ruled that the State must also allow religious exemptions in its mandate for public health workers. The Biden administration is currently finalizing a vaccine mandate for large private companies, the legality of which is less certain.
California Enacts New Privacy Law for Genetic Data
California passed the Genetic Information Privacy Act (GIPA) which provides protection for user’s genetic data. It applies to all “direct-to-consumer genetic testing companies” collecting data from California residents, but effectively exempts at home Covid test providers. Companies must provide notice of privacy rights, obtain consent for various uses, provide reasonable security of the data, and give users access to view and delete their data. The law goes into effect next year.
Cryptocurrency Industry Gets Tailored Guidance on Complying With U.S. Sanctions
The US Treasury’s Office of Foreign Assets Control issued a “best practices” for virtual currency companies’ compliance with international sanctions. The Treasury in September sanctioned a virtual-currency exchange for the first time for allegedly assisting in laundering ransomware payments. The move is part of the larger effort by the US government to address the epidemic of ransomware attacks, which are on pace to double this year compared to last. The guidance is in line with existing sanctions principles, but provide additional tips specific to cryptocurrencies.
Britain, Spain, France, Italy and Austria have agreed to remove the digital service taxes they have imposed on the US’s big tech companies in exchange for the US dropping certain tariffs. The dispute over where companies like Facebook, Google and Amazon should pay taxes was effectively settled by the recent global agreement on a new international tax regime. The relevant part, Pillar 1, provides that global companies will be taxed where their goods and services are sold, rather than only where they operate as in the current regime. Once that aspect of the agreement is enacted, expected in 2023, the countries will remove the digital services tax. All taxes paid between then and now will be eligible for a credit. The US hoped the tax laws would be removed immediately, but the nations refused due to concern about whether the tax changes would be passed by Congress.
The FTC released a report examining the privacy practices of the largest Internet Service Providers (ISPs). It showed one common practice across all providers was targeted ads related to racial groups, which are known to lead to “digital redlining” in housing or job ads, violating civil rights laws. Many ISPs also share real-time data with 3rd parties, which can be used to identify individuals and have been used by law enforcement agencies. While Facebook and Google are dominating the conversation around data privacy, ISPs have even greater access to a user’s identity and unencrypted internet traffic. The report shows that while many ISPs promise consumers they won’t sell their data, they make it difficult for consumers to learn about the other ways their data can be used or monetized or to opt out of collection.
Moderna and J&J Covid-19 Boosters, Mixing and Matching Backed by CDC
The CDC, following the FDA’s recent approval, now recommends booster shots for all three approved vaccines, as well as mixing & matching boosters with initial shots. The CDC’s expert panel unanimously agreed, but didn’t recommend any specific shot, although some members expressed a preference that those who received the J&J shot should receive Pfizer-BioNTech or Moderna boosters.
Facebook Settles with U.S. Government Over Improperly Reserving Jobs for Immigrants
Facebook has agreed to pay over $14 million to settle a federal probe into certain recruiting practices, including $4.75 million to the US government and up to $9.5 million to eligible victims. This is the Civil-Rights Division of the Justice Department’s largest fine and financial award. In order to sponsor employment-based green cards for immigrants, companies must have extensively attempted to recruit an American worker to fill the job but have failed to find a qualified applicant. The Justice Department alleged that Facebook advertised the openings to a lesser degree than other roles; they were not posted on their website and required mailed paper applications. Facebook received only one application in all of the job openings examined. The tech industry relies heavily on the type of visa at issue, H-1B.