Anthony Fauci May Not Have ‘Lied’ About Face Masks, but He Was Not Exactly Honest Either


Anthony-Fauci-5-26-21-Newscom

Face mask skeptics are presenting a February 2020 email from Anthony Fauci, the federal government’s leading COVID-19 adviser, as evidence that he “lied” about the effectiveness of masks in preventing infection by the coronavirus. Fact-checkers, in turn, are accusing those skeptics of falsely portraying Fauci’s shifting advice on this subject as disingenuous. The truth lies somewhere in between: While both Fauci’s initial doubts about the value of face masks and his subsequent strong endorsement of them seem to have been sincere, his explanation of the shift was misleading.

USA Today says the claim that Fauci was dishonest “lacks context.” But that context shows Fauci changed his position on face masks without offering a satisfying reason. It is not surprising that his shiftiness on this point has reinforced the suspicions of people who always thought “face diapers” were a silly exercise in moral signaling and social control.

To be clear: I am not one of those people. But in their eagerness to defend Fauci, mainstream journalists are whitewashing his implausible explanation for changing his mind about a precaution he once dismissed as little more than a placebo for COVID-19 anxiety.

In a February 5, 2020, email exchange that The Daily Beast recently obtained under the Freedom of Information Act, former Secretary of Health and Human Services Sylvia Burwell asked Fauci, who directs the National Institute of Allergy and Infectious Diseases, whether he thought she should take a face mask with her to the airport during an upcoming trip. Fauci’s reply:

Masks are really for infected people to prevent them from spreading infection to people who are not infected rather than protecting uninfected people from acquiring infection. The typical mask you buy in the drug store is not really effective in keeping out virus, which is small enough to pass through the material. It might, however, provide some slight benefit in keep out gross droplets if someone coughs or sneezes on you. I do not recommend that you wear a mask, particularly since you are going to a very low risk location.

That advice is consistent with what Fauci was saying publicly in the early months of the COVID-19 pandemic. “There’s no reason to be walking around with a mask,” he said during a March 8, 2020, interview with 60 Minutes. “When you’re in the middle of an outbreak, wearing a mask might make people feel a little bit better, and it might even block a droplet. But it’s not providing the perfect protection that people think that it is. And often, there are unintended consequences. People keep fiddling with the mask, and they keep touching their face…When you think ‘masks,’ you should think of health care providers needing them.”

Fauci’s position also was consistent with early advice from the Centers for Disease Control and Prevention (CDC), which until April 2020 said only sick people and those caring for them needed to wear masks. It added that “facemasks may be in short supply and they should be saved for caregivers.”

The CDC, like Fauci and then–Surgeon General Jerome Adams, conflated two distinct issues: 1) whether general use of face masks was an effective way to curtail COVID-19 transmission and 2) whether the limited supply of surgical masks and N95 respirators should be reserved for health care workers. Adams illustrated that conflation in a tweet he posted a few weeks after Fauci’s exchange with Burwell: “Seriously people—STOP BUYING MASKS! They are NOT effective in preventing [the] general public from catching #Coronavirus, but if healthcare providers can’t get them to care for sick patients, it puts them and our communities at risk!”

As critics noted at the time, the implication that face masks protect health care workers from COVID-19 but somehow don’t protect the general public was scientifically implausible. If there was enough evidence to think that wearing masks was a sensible safeguard for people who came in close contact with COVID-19 patients, there was enough evidence to think it was a sensible safeguard for people who might unwittingly come into close contact with coronavirus carriers. And if it made sense for COVID-19 patients to protect others by wearing masks, it was logical to think that people who might be infected by the virus without realizing it—pretty much anyone, in the absence of readily available COVID-19 tests—should wear masks too.

When the CDC began recommending general mask wearing in public places on April 3, 2020, in fact, it emphasized the risk of asymptomatic transmission. But this was not a newly discovered risk. It had been known for months that the mean COVID-19 incubation period was five or six days, and there had been several reports indicating that a substantial share of people infected by the virus never develop symptoms, meaning that carriers who did not feel sick could still spread the virus.

If face masks were useless in reducing the risk of virus transmission, of course, none of that really mattered. The evidence on that point was limited and mixed in early 2020. But laboratory studies had confirmed the commonsensical assumption that face masks block at least some respiratory droplets, as Fauci conceded on 60 Minutes and in his email to Burwell, although they clearly do not provide “perfect protection,” as Fauci also noted.

An experiment described in the Journal of Hospital Infection exposed a “dummy test head” fitted with various kinds of surgical masks to live influenza virus. “The data indicate that a surgical mask will reduce exposure to aerosolised infectious influenza virus,” the researchers reported in 2013. “Reductions ranged from 1.1- to 55-fold (average 6-fold), depending on the design of the mask.”

Even homemade masks offer some protection, a study published the same year found. Surgical masks and homemade masks both “significantly reduced the number of microorganisms expelled by volunteers, although the surgical mask was 3 times more effective in blocking transmission than the homemade mask,” the researchers reported in the journal Disaster Medicine and Public Health Preparedness. “Our findings suggest that a homemade mask should only be considered as a last resort to prevent droplet transmission from infected individuals, but it would be better than no protection.”

In late June 2020, about three months after the CDC started recommending general mask wearing, six COVID-19 researchers published a systematic review and meta-analysis of the evidence supporting that practice in The Lancet. “Face mask use could result in a large reduction in risk of infection,” they reported, although they expressed “low certainty” in that conclusion. They noted that “N95 or similar respirators” were more strongly associated with risk reduction than cloth masks. The evidence was limited to observational studies, since the authors found “no randomised controlled trials.” But overall, they concluded, the data “suggest that wearing face masks protects people (both health-care workers and the general public) against infection.”

Around the same time, a study in the Proceedings of the National Academy of Sciences looked at COVID-19 trends in New York City, Italy, and Wuhan, China, from January 23 to May 9, 2020. The researchers concluded that “wearing of face masks in public” is “the most effective means to prevent interhuman transmission.”

As of May 22, 2020, a June 2020 Health Affairs study estimated, “more than 200,000 COVID-19 cases were averted” thanks to face mask mandates in the United States. A November 2020 study in the CDC’s Morbidity and Mortality Weekly Report similarly concluded that “countywide mask mandates appear to have contributed to the mitigation of COVID-19 transmission.” In a preprint study last month, by contrast, University of Louisville biologist Damian Guerra and biochemist Daniel Guerra found that “case growth was not significantly different between mandate and non-mandate states at low or high
transmission rates,” while mask use (based on survey data) “predicted lower case growth at low, but not high transmission rates.”

Overall, the case that wearing face masks helps reduce coronavirus transmission is stronger now than it was at the beginning of the pandemic. But evolving science on the effectiveness of face masks does not explain why the CDC and Fauci changed their minds in early April 2020, and neither does the risk of asymptomatic transmission, which was recognized months before.

When the CDC began recommending general mask wearing, so did Fauci. “If everybody does that, we’re each protecting each other,” he told PBS that day. “There should be universal wearing of masks,” he told ABC News in August. “If you look at the scientific data, the masks clearly work,” he told CNN the following month.

In a July 2020 interview with The Washington Post, Fauci explained his conversion this way: “Back then, the critical issue was to save the masks for the people who really needed them, because it was felt that there was a shortage of masks. Also, we didn’t realize at all the extent of asymptomatic spread.”

But “as the weeks and months [went] by,” Fauci said, federal health officials realized “there wasn’t a shortage of masks,” especially given the availability of “plain cloth covering[s].” At the same time, “we fully realized that there were a lot of people who were asymptomatic who were spreading infection.” Both of those explanations are suspect.

While Fauci had previously mentioned that health care workers needed masks, he had also counterintuitively suggested that masks did not work. He especially dismissed the value of “the typical mask you buy in the drug store,” which implied that DIY “cloth covering[s]” were even less useful. And while Fauci told the Post “we didn’t realize at all the extent of asymptomatic spread, there was plenty of reason to worry about asymptomatic transmission well before he and the CDC changed their advice.

January 30 letter to The New England Journal of Medicine, based on several cases in Germany, warned that “asymptomatic persons are potential sources of [COVID-19] infection.” A February 13 letter to the International Journal of Infectious Diseases estimated that 31 percent of people infected by the COVID-19 virus did not have symptoms. A research letter published in The Journal of the American Medical Association on February 21 described an asymptomatic carrier from Wuhan who seemed to have infected four other people. A February 26 Global Biosecurity report noted that “asymptomatic transmission has been documented” and “the viral load in symptomatic and asymptomatic people is not significantly different.”

Even without asymptomatic cases, it was clear that presymptomatic transmission was a problem, given an incubation period that was estimated to be as long as two weeks. So that explanation does not hold water either.

Politifact labels the claim that Fauci “lied” when he changed his advice as “false.” But it seems fair to say he was less than completely candid about the reasons for his initial position and the reasons for abandoning it.

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There Still Aren’t Enough People Getting Back to Work


zumaglobalten834849

Amid rising concerns that workers are choosing to remain unemployed during the economic recovery, the May jobs report released on Friday doesn’t offer much reassurance. Many labor market watchers will be quick to latch onto the seemingly good news that (1) payroll job growth almost matched economists’ expectations (559,000 new jobs were reported, rather than 650,000) and (2) that the official unemployment rate dropped by 0.3 percentage points. However, the deeper data indicate that fears about labor supply problems, at least during this early stage of the recovery, are justified.

Before we start pointing fingers at potential culprits—I anticipate that you’re already gathering the tar and feathers to give expanded unemployment insurance benefits their comeuppance—it’s worthwhile, in the name of intellectual honesty, to explore other potential explanations.

For example, perhaps the unusually low job growth in the April report—which was quite a letdown—was a statistical blip caused by survey results that don’t accurately reflect reality. If that’s the case, we’d expect to see the following month return to the same trend as previous months. However, that hasn’t happened. The May jobs report did show a respectable increase in the number of employed workers and the number of payroll jobs, but there wasn’t a surge to make up for April’s anemic growth. Nor did the regular update to the April data show much of an increase.

Alternatively, perhaps the seasonal adjustments that the Bureau of Labor Statistics applied to the data concealed a larger increase than actually occurred. Seasonal adjustments ensure that month-to-month results are comparable. Otherwise, the drawdown in holiday-season jobs would make each January look like the start of a recession. Although the raw data do show that more jobs were created in April than the seasonal adjustment suggests, this was also the case for the previous months and for May. There’s no aberration here to explain the underwhelming report.

Furthermore, the raw job growth in April 2021 actually looks pretty similar to the raw job growth during April 2017, 2018, and 2019. That fact itself suggests the presence of a serious problem: During the initial stages of this economic recovery, we should expect to see job growth that is substantially faster than before the pandemic, when the economy was at full employment.

Because there doesn’t seem to be anything statistically wrong with the jobs data, it’s worth getting a little worried about the pace of the labor market’s recovery. And the rest of the news from the May jobs report is even more concerning.

For example, the substantial decline in the official unemployment rate—which is normally a cause for celebration—is troubling. If jobless workers were shifting toward getting out of the house and back into the economy, we should see unemployment rising as people reenter the workforce and look for jobs. Given that vaccines had been widely available for a month prior to the collection of May’s employment data, and that most lockdown measures had been or were in the process of being repealed, there should be some initial sign of workers rejoining the labor market.

But the number of people who were officially counted as unemployed—jobless workers who are actively looking for work—dropped by almost 500,000. And because the majority of those seemed to be workers who were on temporary layoff, there are a lot of people who just aren’t rejoining the labor market.

Here’s a metaphor that better explains what I mean. Imagine the labor market as a sporting event. The players on the field are employed workers. Players standing on the sidelines, holding their hands up and shouting “Put me in, coach!” are the unemployed workers actively looking for jobs. Then there are players—perhaps injured, catching their breath, or just content to sit things out—who are seated on the bench. Meanwhile, retirees and children watch from the stands.

Currently, the labor market has as many as 5.75 million more workers seated securely on the bench than were there prior to the pandemic. The workforce is still 3.5 million workers smaller than it was in February 2020, and another 2.25 million young people have come of working age over the last 15 months. But for some reason, the players on the bench seem to be mostly staying put instead of letting the coach know they’re ready to play.

There are a number of good reasons why they might do so. They could be caring for family due to pandemic restrictions on in-person schooling, enjoying an early retirement, or waiting for the right job to open up. However, even the largest estimates of early retirees only account for 1.7 million people leaving the workforce, and recent research suggests that child care isn’t restricting the return to work.

That seems to leave the federal expansion of unemployment insurance as a major driver of workers’ decisions to remain on the sidelines.

This question is likely to be decided over the next two months. Twenty-four states have announced an early end to their participation in the federal expansion to unemployment insurance. If we see these states experience more employment growth than other states, we’ll have a pretty clear idea of what the culprit was. Stay tuned.

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Majority Of Americans Believe COVID Came From Wuhan Lab; A Quarter Believe It Was “Released On Purpose”, New Poll Finds

Majority Of Americans Believe COVID Came From Wuhan Lab; A Quarter Believe It Was “Released On Purpose”, New Poll Finds

Authored by Steve Watson via Summit News,

Most Americans believe that the coronavirus pandemic originated in the Wuhan Institute of Virology, with almost a quarter saying they believe it was released on purpose, according to a YouGov poll.

A total of 58% of Americans agree that its is ‘definitely or probably true’ that the virus came out of the Wuhan lab.

The number represents a nine percent increase on findings from a year ago.

Even 43% of Democrats believe the virus came out of the lab.

Only 13% are still buying the ‘it mutated naturally from bats’ claim.

Indeed, YouGov notes “When it comes to the more specific circumstances of the virus’ emergence, 24% think it was created in a laboratory and was released on purpose, 18% think it was lab-created and escaped by accident, while a further 12% think it was a naturally occurring disease that was being examined in a laboratory but was released by accident.”

This is despite a massive co-ordinated attempt by the establishment media and big-tech to censor and dismiss the lab leak idea as a crazy ‘conspiracy theory’.

*  *  *

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In the age of mass Silicon Valley censorship It is crucial that we stay in touch. We need you to sign up for our free newsletter here. Support our sponsor – Turbo Force – a supercharged boost of clean energy without the comedown. Also, we urgently need your financial support here.

Tyler Durden
Fri, 06/04/2021 – 17:00

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Randi Weingarten Is Very Disappointed That NYC Mayoral Candidate Kathryn Garcia Supports Charter Schools


Orange Garcia

Early voting in New York City’s mayoral primary starts a week from tomorrow, and Randi Weingarten—yes, that one, the American Federation of Teachers president who has fought tooth and nail to prevent schools from reopening, and to hobble them with crazy restrictions when children were in fact allowed to return to classrooms—wants you to know she’s so very disappointed with mayoral contender Kathryn Garcia’s late-breaking support for lifting the city’s charter school cap.

Weingarten’s gall is remarkable given the fact that for many months she was a leading voice on the national stage arguing in favor of keeping schools shut, before then changing her tune and touting her preferred revisionist history rebranding herself as a longtime supporter of getting kids back in the classroom (which parents don’t buy, says Reason‘s Matt Welch).

On its merits, lifting the city’s charter school cap would be good policy—and popular among New Yorkers. A majority (54 percent) of Democrats who live in the five boroughs polled by the Benenson Group and pro-charter group StudentsFirstNY have a favorable view of charter schools, with 70 percent supporting raising the existing Albany-imposed cap. Black and Hispanic parents view charter schools even more favorably, with 75 percent of Hispanic Democrats supporting an increase in the city’s total number of charter schools. “For the 2019-20 school year, approximately 81,000 applications were submitted for approximately 33,000 available seats in NYC charter schools,” reports New York City Charter School Center.

That demand is not evenly distributed by borough. In Manhattan, the ratio of charter school applicants to seats is about 2–1; in the Bronx, that number is 3–1; in Queens, 4–1. For comparison, median household income in Manhattan is about $86,000 as of 2019. In the Bronx, it’s less than half that. So there’s pent-up demand coming disproportionately from boroughs where families are poorer and have fewer alternatives like private schools available to them.

Charter schools, which are capped at 460 by the legislature in Albany, with only 290 allocated for New York City, and the political battle that surrounds caps are predictable lobbying targets for teachers unions. Though demand is high in the city, there are 94 slots going unused in the rest of the state, as of 2021, that cannot be given to any of the five boroughs. In other words, legislators in Albany are making it so parents of New York City schoolchildren—who for a year have been kept out of school or forced to learn partially encased by plexiglass barriers or sent home with little notice whenever just a few cases are detected, because the schools must go through deep-cleaning that current COVID science fails to support—cannot pursue alternative educational options, because legislators and public-sector unions said so. What parents and kids want remains secondary, even after a year of teachers unions failing to cover themselves in glory.

Garcia, entrepreneur Andrew Yang, and Brooklyn Borough President Eric Adams are all leading the polls right now, but neither Yang nor Adams supports lifting the charter school cap.

Doing so would be wonderfully sensible policy that’s actually responsive to the needs of parents and children—needs that have been largely shunted aside since March 2020.

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There Still Aren’t Enough People Getting Back to Work


zumaglobalten834849

Amid rising concerns that workers are choosing to remain unemployed during the economic recovery, the May jobs report released on Friday doesn’t offer much reassurance. Many labor market watchers will be quick to latch onto the seemingly good news that (1) payroll job growth almost matched economists’ expectations (559,000 new jobs were reported, rather than 650,000) and (2) that the official unemployment rate dropped by 0.3 percentage points. However, the deeper data indicate that fears about labor supply problems, at least during this early stage of the recovery, are justified.

Before we start pointing fingers at potential culprits—I anticipate that you’re already gathering the tar and feathers to give expanded unemployment insurance benefits their comeuppance—it’s worthwhile, in the name of intellectual honesty, to explore other potential explanations.

For example, perhaps the unusually low job growth in the April report—which was quite a letdown—was a statistical blip caused by survey results that don’t accurately reflect reality. If that’s the case, we’d expect to see the following month return to the same trend as previous months. However, that hasn’t happened. The May jobs report did show a respectable increase in the number of employed workers and the number of payroll jobs, but there wasn’t a surge to make up for April’s anemic growth. Nor did the regular update to the April data show much of an increase.

Alternatively, perhaps the seasonal adjustments that the Bureau of Labor Statistics applied to the data concealed a larger increase than actually occurred. Seasonal adjustments ensure that month-to-month results are comparable. Otherwise, the drawdown in holiday-season jobs would make each January look like the start of a recession. Although the raw data do show that more jobs were created in April than the seasonal adjustment suggests, this was also the case for the previous months and for May. There’s no aberration here to explain the underwhelming report.

Furthermore, the raw job growth in April 2021 actually looks pretty similar to the raw job growth during April 2017, 2018, and 2019. That fact itself suggests the presence of a serious problem: During the initial stages of this economic recovery, we should expect to see job growth that is substantially faster than before the pandemic, when the economy was at full employment.

Because there doesn’t seem to be anything statistically wrong with the jobs data, it’s worth getting a little worried about the pace of the labor market’s recovery. And the rest of the news from the May jobs report is even more concerning.

For example, the substantial decline in the official unemployment rate—which is normally a cause for celebration—is troubling. If jobless workers were shifting toward getting out of the house and back into the economy, we should see unemployment rising as people reenter the workforce and look for jobs. Given that vaccines had been widely available for a month prior to the collection of May’s employment data, and that most lockdown measures had been or were in the process of being repealed, there should be some initial sign of workers rejoining the labor market.

But the number of people who were officially counted as unemployed—jobless workers who are actively looking for work—dropped by almost 500,000. And because the majority of those seemed to be workers who were on temporary layoff, there are a lot of people who just aren’t rejoining the labor market.

Here’s a metaphor that better explains what I mean. Imagine the labor market as a sporting event. The players on the field are employed workers. Players standing on the sidelines, holding their hands up and shouting “Put me in, coach!” are the unemployed workers actively looking for jobs. Then there are players—perhaps injured, catching their breath, or just content to sit things out—who are seated on the bench. Meanwhile, retirees and children watch from the stands.

Currently, the labor market has as many as 5.75 million more workers seated securely on the bench than were there prior to the pandemic. The workforce is still 3.5 million workers smaller than it was in February 2020, and another 2.25 million young people have come of working age over the last 15 months. But for some reason, the players on the bench seem to be mostly staying put instead of letting the coach know they’re ready to play.

There are a number of good reasons why they might do so. They could be caring for family due to pandemic restrictions on in-person schooling, enjoying an early retirement, or waiting for the right job to open up. However, even the largest estimates of early retirees only account for 1.7 million people leaving the workforce, and recent research suggests that child care isn’t restricting the return to work.

That seems to leave the federal expansion of unemployment insurance as a major driver of workers’ decisions to remain on the sidelines.

This question is likely to be decided over the next two months. Twenty-four states have announced an early end to their participation in the federal expansion to unemployment insurance. If we see these states experience more employment growth than other states, we’ll have a pretty clear idea of what the culprit was. Stay tuned.

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Randi Weingarten Is Very Disappointed That NYC Mayoral Candidate Kathryn Garcia Supports Charter Schools


Orange Garcia

Early voting in New York City’s mayoral primary starts a week from tomorrow, and Randi Weingarten—yes, that one, the American Federation of Teachers president who has fought tooth and nail to prevent schools from reopening, and to hobble them with crazy restrictions when children were in fact allowed to return to classrooms—wants you to know she’s so very disappointed with mayoral contender Kathryn Garcia’s late-breaking support for lifting the city’s charter school cap.

Weingarten’s gall is remarkable given the fact that for many months she was a leading voice on the national stage arguing in favor of keeping schools shut, before then changing her tune and touting her preferred revisionist history rebranding herself as a longtime supporter of getting kids back in the classroom (which parents don’t buy, says Reason‘s Matt Welch).

On its merits, lifting the city’s charter school cap would be good policy—and popular among New Yorkers. A majority (54 percent) of Democrats who live in the five boroughs polled by the Benenson Group and pro-charter group StudentsFirstNY have a favorable view of charter schools, with 70 percent supporting raising the existing Albany-imposed cap. Black and Hispanic parents view charter schools even more favorably, with 75 percent of Hispanic Democrats supporting an increase in the city’s total number of charter schools. “For the 2019-20 school year, approximately 81,000 applications were submitted for approximately 33,000 available seats in NYC charter schools,” reports New York City Charter School Center.

That demand is not evenly distributed by borough. In Manhattan, the ratio of charter school applicants to seats is about 2–1; in the Bronx, that number is 3–1; in Queens, 4–1. For comparison, median household income in Manhattan is about $86,000 as of 2019. In the Bronx, it’s less than half that. So there’s pent-up demand coming disproportionately from boroughs where families are poorer and have fewer alternatives like private schools available to them.

Charter schools, which are capped at 460 by the legislature in Albany, with only 290 allocated for New York City, and the political battle that surrounds caps are predictable lobbying targets for teachers unions. Though demand is high in the city, there are 94 slots going unused in the rest of the state, as of 2021, that cannot be given to any of the five boroughs. In other words, legislators in Albany are making it so parents of New York City schoolchildren—who for a year have been kept out of school or forced to learn partially encased by plexiglass barriers or sent home with little notice whenever just a few cases are detected, because the schools must go through deep-cleaning that current COVID science fails to support—cannot pursue alternative educational options, because legislators and public-sector unions said so. What parents and kids want remains secondary, even after a year of teachers unions failing to cover themselves in glory.

Garcia, entrepreneur Andrew Yang, and Brooklyn Borough President Eric Adams are all leading the polls right now, but neither Yang nor Adams supports lifting the charter school cap.

Doing so would be wonderfully sensible policy that’s actually responsive to the needs of parents and children—needs that have been largely shunted aside since March 2020.

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TikTok Goes For A Biometric Grab Of 66 Million US Users 

TikTok Goes For A Biometric Grab Of 66 Million US Users 

TikTok quietly rolled out its new US privacy policy earlier this week, allowing the Chinese company to automatically “collect biometric identifiers and biometric information” from its users’ content.

TechCrunch first pointed out the policy change introduced in the recently added section, “Image and Audio Information,” located under the section titled “Information we collect automatically.” It states: 

“We may collect information about the images and audio that are a part of your User Content, such as identifying the objects and scenery that appear, the existence and location within an image of face and body features and attributes, the nature of the audio, and the text of the words spoken in your User Content. We may collect this information to enable special video effects, for content moderation, for demographic classification, for content and ad recommendations, and for other non-personally-identifying operations.”

The most alarming part of the section is this bolded part: 

“We may collect biometric identifiers and biometric information as defined under US laws, such as faceprints and voiceprints, from your User Content. Where required by law, we will seek any required permissions from you prior to any such collection.”

“The statement itself is vague, as it doesn’t specify whether it’s considering federal law, states laws, or both. It also doesn’t explain, as the other part did, why TikTok needs this data. It doesn’t define the terms “faceprints” or “voiceprints.” Nor does it explain how it would go about seeking the “required permissions” from users, or if it would look to either state or federal laws to guide that process of gaining consent,” TechCrunch said. 

Only three states (Illinois, Texas, and Washington) have laws protecting people from corporations collecting biometric data. The rest of the 47 states don’t have any restrictions. 

Perhaps former President Trump was right about TikTok when he attempted to ban the Beijing-based company because he said it was a “national security threat.” 

This week, President Biden restricted US investments in 59 Chinese companies tied to military and surveillance. Still, somehow, the administration continues to allow TikTok to operate.

This seems like a large-scale collection biometric grab of more than 66 million US users by the Chinese company. This is more dangerous than a password or credit card number being stolen because it cannot be undone. It will be too late until users and policymakers recognize and address the complex security that TikTok poses on national security. 

 

 

 

 

Tyler Durden
Fri, 06/04/2021 – 16:40

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Weiss: What Happens When Doctors Can’t Tell The Truth?

Weiss: What Happens When Doctors Can’t Tell The Truth?

Authored by Bari Weiss via Substack,

Whole areas of research are off-limits. Top physicians treat patients based on their race. An ideological ‘purge’ is underway in American medicine…

Several hundred health-care workers protest against police brutality on June 5, 2020, in St Louis. (Michael B. Thomas/Getty Images)

I always thought that if you lived through a revolution it would be obvious to everyone. As it turns out, that’s not true. Revolutions can be bloodless, incremental and subtle. And they don’t require a strongman. They just require a sufficient number of well-positioned true believers and cowards, like those sitting in the C-suite of nearly every major institution in American life.

That’s one of the lessons I have learned over the past few years as the institutions that have upheld the liberal order  our publishing houses, our universities, our schools, our non-profits, our tech companies  have embraced a Manichean ideology that divides people by identity and punishes anyone that doesn’t adhere to every aspect of that orthodoxy.

This is wrong when it happens at a company Apple or Condé Nast. But there are sectors where the stakes of the ideological takeover are higher. Like K-12 education.

Readers of this newsletter know that I’ve been particularly focused on it. In part, this is because the legacy press is ignoring or lying about the story. In part it’s because the stakes feel so high.

But if any area is more urgent, it is the world of medicine, where the ability to speak truthfully is quite literally a matter of life and death. Without being able to discuss reality and take intellectual risks, it’s impossible to get to the truth. No truth, no medical progress.

For several months, I have been talking to a group of doctors who are alarmed at what they are witnessing in some of the top medical schools and hospitals in the country. It was clear that this was a story that deserved to be told. And Katie Herzog was the perfect person to pursue it.

Katie could have had a career as a stand-up, but for some reason she decided to become a journalist. And she is a fearless one. I first learned of her work when she was writing for The Stranger in Seattle, covering topics including detransition, the scandal at Evergreen State College, and the impact of what we now call cancel culture on some small businesses in the Pacific Northwest. She is now, along with Jesse Singal, the host of a podcast called Blocked and Reported

This story is the first in a series.

*  *  *

‘People Are Afraid to Speak Honestly’

They meet once a month on Zoom: a dozen doctors from around the country with distinguished careers in different specialities. They vary in ethnicity, age and sexual orientation. Some work for the best hospitals in the U.S. or teach at top medical schools. Others are dedicated to serving the most vulnerable populations in their communities. 

The meetings are largely a support group. The members share their concerns about what’s going on in their hospitals and universities, and strategize about what to do. What is happening, they say, is the rapid spread of a deeply illiberal ideology in the country’s most important medical institutions. 

This dogma goes by many imperfect names — wokeness, social justice, critical race theory, anti-racism — but whatever it’s called, the doctors say this ideology is stifling critical thinking and dissent in the name of progress. They say that it’s turning students against their teachers and patients and racializing even the smallest interpersonal interactions. Most concerning, they insist that it is threatening the foundations of patient care, of research, and of medicine itself.

These aren’t secret bigots who long for the “good old days” that were bad for so many. They are largely politically progressive, and they are the first to say that there are inequities in medicine that must be addressed. Sometimes it’s overt racism from colleagues or patients, but more often the problem is deeper, baked into the very systems clinicians use to determine treatment.

“There’s a calculator that people have used for decades that predicts the likelihood of having a successful vaginal delivery after you’ve had a cesarean,” one obstetrician in the Northeast told me. “You put in the age of the person, how much they weigh, and their race. And if they’re black, it calculates that they are less likely to have successful vaginal delivery. That means clinicians are more likely to counsel black patients to get c-sections, a surgery they might not actually need.” 

There’s no biological reason for race to be a factor here, which is why the calculator just changed this year. But this is an example of how system-wide bias can harm black mothers, who are two to three times more likely to die in childbirth than white women even when you control for factors like income and education, which often make racial disparities disappear.

But while this obstetrician and others see the problems endemic in their field, they’re also alarmed by the dogma currently spreading throughout medical schools and hospitals. 

I’ve heard from doctors who’ve been reported to their departments for criticizing residents for being late. (It was seen by their trainees as an act of racism.) I’ve heard from doctors who’ve stopped giving trainees honest feedback for fear of retaliation. I’ve spoken to those who have seen clinicians and residents refuse to treat patients based on their race or their perceived conservative politics.

Some of these doctors say that there is a “purge” underway in the world of American medicine: question the current orthodoxy and you will be pushed out. They are so worried about the dangers of speaking out about their concerns that they will not let me identify them except by the region of the country where they work. 

“People are afraid to speak honestly,” said a doctor who immigrated to the U.S. from the Soviet Union. “It’s like back to the USSR, where you could only speak to the ones you trust.” If the authorities found out, you could lose your job, your status, you could go to jail or worse. The fear here is not dissimilar. 

When doctors do speak out, shared another, “the reaction is savage. And you better be tenured and you better have very thick skin.”

“We’re afraid of what’s happening to other people happening to us,” a doctor on the West Coast told me. “We are seeing people being fired. We are seeing people’s reputations being sullied. There are members of our group who say, ‘I will be asked to leave a board. I will endanger the work of the nonprofit that I lead if this comes out.’ People are at risk of being totally marginalized and having to leave their institutions.” 

While the hyper focus on identity is seen by many proponents of social justice ideology as a necessary corrective to America’s past sins, some people working in medicine are deeply concerned by what “justice” and “equity” actually look like in practice.

“The intellectual foundation for this movement is the Marxist view of the world, but stripped of economics and replaced with race determinism,” one psychologist explained. “Because you have a huge group of people, mostly people of color, who have been underserved, it was inevitable that this model was going to be applied to the world of medicine. And it has been.”  

‘Whole Areas of Research Are Off-Limits’

“Wokeness feels like an existential threat,” a doctor from the Northwest said. “In health care, innovation depends on open, objective inquiry into complex problems, but that’s now undermined by this simplistic and racialized worldview where racism is seen as the cause of all disparities, despite robust data showing it’s not that simple.”

“Whole research areas are off-limits,” he said, adding that some of what is being published in the nation’s top journals is “shoddy as hell.” 

Here, he was referring in part to a study published last year in the Proceedings Of The National Academy Of Sciences. The study was covered all over the news, with headlines like “Black Newborns More Likely to Die When Looked After by White Doctors” (CNN), “The Lack of Black Doctors is Killing Black Babies” (Fortune), and “Black Babies More Likely to Survive when Cared for by Black Doctors” (The Guardian).

Despite these breathless headlines, the study was so methodologically flawed that, according to several of the doctors I spoke with, it’s impossible to extrapolate any conclusions about how the race of the treating doctor impacts patient outcomes at all. And yet very few people were willing to publicly criticize it. As Vinay Prasad, a clinician and a professor at the University of California San Francisco, put it on Twitter: “I am aware of dozens of people who agree with my assessment of this paper and are scared to comment.” 

“It’s some of the most shoddy, methodologically flawed research we’ve ever seen published in these journals,” the doctor in the Zoom meeting said, “with sensational conclusions that seem totally unjustified from the results of the study.”

“It’s frustrating because we all know how hard it is to get good, sound research published,” he added. “So do those rules and quality standards no longer apply to this topic, or to these authors, or for a certain time period?”

At the same time that the bar appears to be lower for articles and studies that push an anti-racist agenda, the consequences for questioning or criticizing that agenda can be high. 

Just ask Norman Wang. Last year, the University of Pittsburgh cardiologist was demoted by his department after he published a paper in the Journal of the American Heart Association (JAHA) analyzing and criticizing diversity initiatives in cardiology. Looking at 50 years of data, Wang argued that affirmative action and other diversity initiatives have failed to both meaningfully increase the percentage of black and Hispanic clinicians in his field or to improve patient outcomes. Rather than admitting, hiring and promoting clinicians based on their race, he argued for race-neutral policies in medicine. 

“Long-term academic solutions and excellence should not be sacrificed for short-term demographic optics,” Wang wrote. “Ultimately, all who aspire to a profession in medicine and cardiology must be assessed as individuals on the basis of their personal merits, not their racial and ethnic identities.”

At first, there was little response. But four months after it was published, screenshots of the paper began circulating on Twitter and others in the field began accusing Wang of racism. Sharonne Hayes, a cardiologist at the Mayo Clinic, implored colleagues to “rise up.” “The fact that this is published in ‘our’ journal should both enrage & activate all of us,” she wrote, adding the hashtag #RetractRacists.

Soon after, Barry London, the editor in chief of JAHA, issued an apology and the journal retracted the work over Wang’s objection. London cited no specific errors in Wang’s paper in his statement, just that publishing it was antithetical to his and the journal’s values. Retraction, in a case like this, is exceedingly rare: When papers are retracted, it’s generally because of the data or the study has been discredited. A search of the journal’s website and the Retraction Database found records of just two retractions in JAHA: Wang’s paper and a 2019 paper that erroneously linked heart attacks to vaping.

After the outcry, the American Heart Association (AHA), which publishes the journal, issued a statement denouncing Wang’s paper and promising an investigation. In a tweet, the organization said it “does NOT represent AHA values. JAHA is editorially independent but that’s no excuse. We’ll investigate. We’ll do better. We’re invested in helping to build a diverse health care and research community.” 

As the criticism mounted, Wang was removed from his position as the director of a fellowship program in clinical cardiac electrophysiology at University of Pittsburgh Medical Center and was prohibited from making any contact with students. His boss reportedly told him that his classroom was “inherently unsafe” due to the views he expressed.

Wang is now suing both the AHA and the University of Pittsburgh for defamation and violating his First Amendment rights. To the doctors on the Zoom call, his case was a stark warning of what can happen when one questions policies like affirmative action, which, according to recent polling, is opposed by nearly two-thirds of Americans, including majorities of blacks, Hispanics, and Asians. 

“I’m into efforts to make medicine more diverse,” a doctor from the Zoom group said. “But what’s gone off the rails here is that there is an intolerance of people that have another point of view. And that’s going to hurt us all.”

JAHA isn’t the only journal issuing apologies. In February, the Journal of the American Medical Association (JAMA) released a podcast hosted by surgeon and then-deputy journal editor Edward Livingston, who questioned the value of the hyper focus on race in medicine as well as the idea that medicine is systemically racist. 

“Personally, I think taking racism out of the conversation will help,” Livingston said at one point. “Many of us are offended by the concept that we are racist.”

It’s possible Livingston’s comments would have gone unnoticed but JAMA promoted the podcast on Twitter with the tone-deaf text: “No physician is racist, so how can there be structural racism in health care?” 

Even more than in the case of Norman Wang, this tweet, and the podcast it promoted, led to a massive uproar. A number of researchers vowed to boycott the journal, and a petition condemning JAMA has received over 9,000 signatures. In response to the backlash, JAMA quickly deleted the episode, promised to investigate, and asked Livingston to resign from his job. He did.

If you try to access the podcast today, you find an apology in its place from JAMA editor-in-chief Howard Bauchner, who called Livingston’s statements, “inaccurate, offensive, hurtful and inconsistent with the standards of JAMA.” Bauchner was also suspended by JAMA pending an independent investigation. This Tuesday, JAMA announced that Bauchner officially stepped down. In a statement, he said he is “profoundly disappointed in myself for the lapses that led to the publishing of the tweet and podcast. Although I did not write or even see the tweet, or create the podcast, as editor in chief, I am ultimately responsible for them.” 

Shortly after this announcement, the New York Times reported that “JAMA’s reckoning” led to a backlash from some JAMA members, who wrote in a letter to the organization that “there is a general feeling that the firing of the editors involved in the podcast was perhaps precipitous, possibly a blot on free speech and also possibly an example of reverse discrimination.” Bauchner’s last day at JAMA is June 30.

Calling Out Patients

What happened to Norman Wang, Edward Livingston, and Howard Bauchner contribute to what one clinician described as a “a chilly atmosphere.” That chill extends to teaching the next generation of doctors. 

“Some attending physicians are hesitant to provide constructive criticism to trainees over fears of being perceived as racist,” a doctor in the Northeast said. “You ask yourself, ‘Is this worth bringing up?’ You second guess yourself.”

The doctor said this ideology has impacted how some trainees and physicians respond when they encounter bias from patients, which is hardly uncommon for people working in health care. Female doctors are mistaken for nurses. Black doctors are mistaken for aides. Patients refuse care from doctors who aren’t white. 

A Jewish doctor in the Northeast told me about encountering antisemitism at work. 

“Years ago, I had a guy slowly roll up his sleeve and put his arm down on the table in front of me and he had a big swastika tattoo. And he says my name and repeats it slowly three times. Clearly he is saying he knows I’m Jewish. And I looked at his arm and said, ‘Does it hurt to get a tattoo? I never learned much about that.’ He actually chuckled.”

The doctor kept seeing the patient, who gradually stopped doing drugs, got a job, and pieced his life together. “Twelve years later,” he said, “I was leaving that program and on our last visit, he had a terrible rash on his arm. I said we had to treat that rash, and this big, tough guy started crying. He said, ‘I knew I was going to see you. I was trying to rub it off.’ How about that? People are changeable, but it takes time and it can’t be done by scolding.” 

This was what he was taught in his training years ago: You meet patients where they are, help them as much as you can, and hope they are better off for the encounter. 

That philosophy, however, is changing. Increasingly, the doctors told me, this next generation of trainees seem to believe it’s also their duty to confront patients about their own prejudice — whether they’re open to it or not. 

Last year at Harvard Medical School, a seasoned psychiatrist interviewed an elderly white patient about his battle with substance abuse on Zoom. The patient talked about shame. He felt so much guilt over his drinking and his past behavior, he said that the only person he could have ever confided in was an Eskimo in Alaska who didn’t speak English — and even then, he would have to slit his throat.

It was the sort of thing health-care workers occasionally hear. Historically, the guideline in a situation like that would be to ignore it: They were there to discuss addiction, not the patient’s insensitivity. But a Native American student named Victor Anthony Lopez-Carmen observing the session on Zoom was disturbed. He wrote about it later in Teen Vogue: “His words sparked an immediate, visceral reaction. I felt my blood pressure rise and anxiety overtake my mind and body. My next reaction was to look at how the rest of my classmates were responding. The blank, remote expression on some of their faces, and the silence that followed, remains burned into my psyche.”

When neither the psychiatrist nor any of his fellow students paused in the moment to educate the elderly man about his “violent and racist language,” as Lopez-Carmen described it, he complained. In response, the school organized a session for faculty and students on, Lopez-Carmen writes, “confronting anti-Indigenous racism in the field of medicine.”

Should clinicians police their patients’ language to protect the feelings of their health-care providers? One doctor from the Zoom chat said, unequivocally, no. 

“How would chastising, and possibly shaming, a patient — however expertly — affect their comfort in confiding sensitive information important to their care? Patients’ life experiences, stories, attitudes, beliefs, whatever they may be, are data that help us take good care of them.”

As major medical institutions formalize their commitments to social justice ideology, the sentiment that medical professionals need to put aside their feelings in service of treating patients seems increasingly old-fashioned. Some institutions, including Harvard Medical School, the American Psychiatric Association, the American Academy of Pediatrics, and the American Medical Association (AMA), the largest association of physicians and medical students in the U.S., have released statements acknowledging their own history of racism, a trend one of the doctors described as “confessional.”

In an 83-page report released in May, the AMA pledged address its “white supremacist” past, which includes horrific 19th-century practices like performing surgeries on enslaved people without anesthesia as well as the organization’s endorsement of the Chinese Exclusion Act of 1882. But it’s not just ancient history the organization is concerned about: the report also mentions the JAMA podcast that cost Edward Livingston and Howard Bauchner their jobs, referring to the podcast as an “egregious, harmful error.” 

The report recommendations rely heavily on diversity training, but as one of the doctors on the Zoom call said, “more diversity trainings are not going to change anything, but they are going to waste time we already don’t have to spare.”

There are, of course, an array of diversity trainings, including some that simply lay out anti-discrimination laws and others that require white people to confess their privilege. Trainings that may have seemed obviously racist just a few years ago — like separating employees into “affinity groups” or “caucuses” based on race — are now commonplace, including at large corporationssmall non-profits, and medical institutions. (My wife, a nurse in Seattle, recently joined the “white caucus” at her hospital, and noted that she felt very strange asking to join a whites-only group.) 

The diversity industry is now worth billions of dollars, but there have been surprisingly few evaluations of whether or not such trainings actually work. The research that has been done is not encouraging. One study found that these trainings can be counterproductive; another found that positive effects don’t seem to last

What’s more, the doctors said, statements like the AMA’s seem destined to create backlash. “You have to wonder about the unintended consequences of these organizations falling over themselves to declare that they’re structurally and systemically racist,” one of the doctors said. “Clearly, they think they’re going to get virtue-signaling points. But is it possible these claims are also playing into vaccine hesitancy among people of color? I mean, would you want to get vaccinated at an institution that’s enthusiastically broadcasting to the world, ‘We’re racist!’ I wouldn’t.”

‘I’m Not Going to Treat That White Guy’

There’s clearly a generation gap between these doctors on Zoom, the youngest of whom has been practicing for at least 10 years, and doctors just beginning their career. The older clinicians are more likely to appear politically neutral, at least at work, while younger students and clinicians are more likely to prioritize activism. Those differences can be a major source of tension. 

One prominent organization, White Coats for Black Lives, was formed by medical students in 2014 and now has at least 75 chapters all over the U.S. In addition to publishing a Racial Justice Report Card that grades medical schools, the group encourages medical students to make specific demands of their institutions, including that medical schools and hospitals end all relationships with local law enforcement. 

When asked what severing ties with police would do in his urban emergency room, one ER doctor said it would be a “total disaster.” Police, he told me, are a vital part of emergency operations, from securing crime scenes so emergency responders can see victims to helping transport patients to keeping hospital staff and patients safe when private security is inadequate. 

“I was in a situation once where an ambulance brought in a gunshot victim,” he said. “We brought the patient in, and about 15 minutes later, a group came looking for him. They came to finish him. They were going from room to room, looking for him, and when a couple of guys from hospital security tried to get them to leave, one shot a gun in the air. Luckily enough, we heard police sirens bringing someone else in, and when they heard the sirens, they ran. If not for the police, I don’t know what would have happened.”

As another example of the generation gap, an ER doctor on the West Coast said he sees providers, particularly younger ones, applying antiracist principles in choosing how they allocate their time and which patients they choose to work with.  “I’ve heard examples of Covid-19 cases in the emergency department where providers go, ‘I’m not going to go treat that white guy, I’m going to treat the person of color instead because whatever happened to the white guy, he probably deserves it.’”

Some in medicine would like to see such race-conscious bias mandated on an institutional level, particularly in regards to Covid-19, which has killed black, Hispanic, and Native American people at three times the rate as whites. These discrepancies are likely due to an array of factors, including income, housing, work, language, pre-existing conditions, access to health care, and, yes, possibly some degree of racism. 

But some politicians and public health officials decided the remedy was to distribute vaccines by race.

In April, Vermont’s Republican Governor Phill Scott announced that any resident over age 16 who identified as a black, indigenous, or a person of color would be eligible for the vaccine before white people, a decision that, according to some legal scholars, likely violated federal law. The CDC itself considered recommending that states prioritize essential workers over the elderly despite the fact that the number one risk factor for dying from Covid is age. The idea had plenty of supporters. Harold Schmidt, a professor of medical ethics and health policy at the University of Pennsylvania, told the New York Times, “Older populations are whiter. Society is structured in a way that enables them to live longer. Instead of giving additional health benefits to those who already had more of them, we can start to level the playing field a bit.”

Ultimately, the CDC did recommend prioritizing vaccines by age, but race-conscious policies go beyond Covid. In May, the Boston Review published an editorial by physicians Bram Wispelwey and Michelle Morse entitled “An Antiracist Agenda for Medicine.” In it, the doctors argue that in order to address discrepancies in health-care access and outcomes, hospitals should commit to “preferentially admitting patients historically denied access to certain forms of medical care.” That is, they should admit people to health services based on their skin color. 

This idea is not coming from people with no power.

Michelle Morse is a physician at Harvard Medical School and Brigham and Women’s Hospital. She was recently appointed to be the first Chief Medical Officer of the New York City Department of Health and Mental Hygiene. “Dr. Morse’s experience has combined the best of public health, social medicine, anti-racism education, and activism,” said Health Commissioner Dr. Dave A. Chokshi in a press release.  “Health equity requires leaders who propel change and I am grateful that she has joined the Department to help us create a healthier, more equitable, city.”

In the same article in the Boston Review, Dr. Morse and her co-author write that because a study they conducted found that white heart failure patients are more likely to be referred to cardiology specialists than some minority groups, in their own practice they have developed “a preferential admission option for Black and Latinx heart failure patients to our specialty cardiology service.” So when these patients seek care, they are now far more likely to be referred to specialists and admitted to an inpatient service, regardless of whether that’s the most appropriate strategy for their condition, or their primary care providers’ recommendations, or their own personal preferences. 

What the authors don’t mention is that while their own study does show that white heart failure patients are more likely to be referred to specialists, this alone doesn’t demonstrate they’re more likely to have better outcomes: More whites in that very study died soon after discharge. This, according to one physician, is exactly what’s wrong with race-conscious policies.

“We have been working for almost a decade now to keep people from getting unnecessary care and unnecessary hospitalization because there are all these unintended consequences,” he said. “You can get infected with an antibiotic-resistant bug; you can get the wrong medication; errors happen. We’re trying to keep people out of the hospital if they don’t need to be there. So when you enact a policy like the one proposed by Michelle Morse, you’re just opening that person up to all these potentially negative consequences.” 

In other words, in an effort to address racial disparities, it’s possible the very patients they are attempting to help will suffer more, not less.

A Moral Panic

The day I spoke to the doctors, I’d spent the morning caught in a labyrinth of hold calls, trying to find a new primary care doctor after my insurance had changed for the fourth time in five years. And I was one of the lucky ones: At least I have insurance, something nearly 30 million Americans in this country lack. Besides the problems with accessing health care at all, the doctors themselves told me the disparities in medicine aren’t imagined. Minority populations, especially poor ones, do have worse outcomes than whites in all sorts of metrics. 

“We’ve got this opportunity right now to advance really important, progressive reforms,” one doctor said. “Every American understands that the system doesn’t work, that we need better public health, we need better primary care.” But this physician is concerned that “the people leading the woke effort have a deeply unsophisticated understanding of how change occurs in this country. It’s dangerous. I’m fearful there’s going to be a counter-reaction that’s going to be huge and vicious and ugly.” 

Others fear the same. Another doctor on the call, a psychologist, called the new orthodoxy a “moral panic” and “symbolic crusade,” like Prohibition, in which the outcome is less important than the sacredness of the movement.

“What happens with symbolic crusades is they overreach and you get a tremendous backlash,” he continued. “If hospitals actually adopt a policy of what can be construed as favoring black people in the ICU, can you imagine what conservative media would do with that? It would play into every fear that what this is really about is suppressing liberty, chilling free speech. I didn’t used to think those fears were legitimate. Now I do. I get it.”

Tyler Durden
Fri, 06/04/2021 – 16:22

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She Was Sentenced to 21 Years in Prison for Handing Drugs to a Friend Who Overdosed. A Federal Court Wasn’t Having It.


dreamstime_l_108687381

On May 9, 2014, Emma Semler, then a teenager, shot up heroin with her friend, Jenny Werstler, in a West Philadelphia KFC bathroom. The former made it out alive. The latter did not.

A little over five years later to the day, Semler was sentenced to more than two decades behind bars for distribution of heroin resulting in death after she physically handed Werstler the baggie that would result in her overdose. The charge carries a mandatory minimum sentence of 20 years. Semler received 21 years’ imprisonment, along with six years’ supervised release and a $2,500 fine.

A federal court reversed that this week, vacating Semler’s conviction and sentence.

The distribution charge and its mandatory punishment are both rooted in the war on drugs and meant to zero in on dealers. But Semler found herself caught up in its dragnet because she passed the heroin to Werstler, who had asked for it—an absurdly literal reading of the law, and a reminder of the far-reaching implications of well-meaning attempts to crack down on drug use.

“Turning to a plain reading of the statute, we are not persuaded by the government’s sweeping interpretation,” wrote Circuit Judge Jane Richards Roth of the U.S. Court of Appeals for the 3rd Circuit. “The government would have us believe that if two drug addicts jointly and simultaneously purchase methamphetamine and return home to smoke it together, a ‘distribution’ has occurred each time the addicts pass the pipe back and forth to each other. Such an interpretation diverts punishment from traffickers to addicts, who contribute to the drug trade only as end users and who already suffer disproportionally from its dangerous effects.”

As teenagers, Werstler and Semler first met at a Delaware County rehab center. They both relapsed, and in 2014, on Werstler’s 20th birthday, she contacted Semler via Facebook Messenger for help purchasing heroin. Semler responded that she did not have a car. Werstler did, but asked if Semler could furnish a syringe and water bottle for the injection, and if she could borrow $10 to buy the heroin. Semler obliged.

Semler’s sister, who was also present that evening, testified that she could not remember who actually completed the purchase.

But that didn’t necessarily matter, because it was Semler who physically passed off the drug to Werstler when the three entered that KFC bathroom. All shot up independently. Werstler then requested a second injection to celebrate her birthday, after which point she began to overdose. The two sisters threw cold water on her and attempted to revive her but eventually exited the building and did not call 911.

The case is nauseating, and no serious person could argue that the Semler sisters displayed anything approaching human decency when they fled KFC and left Werstler there to die. But perhaps it’s the tough-on-crime, drug-warrior statutes—like the one Emma Semler was convicted under—that discourage such people from calling for help when those situations go miserably awry.

That wasn’t lost on Richards Roth, who was nominated to the bench by former President Ronald Reagan. “Indeed, the threat of harsh penalties in any joint-use situation could jeopardize addicts’ safety even more by deterring them from using together specifically so that one can intervene if another overdoses,” she said. “Moreover, given the prevalence of shared drug use, a too-broad construction of ‘transfer’ risks arbitrary enforcement.”

Whether or not she intended it to be, the above excerpt is broadly applicable to drug enforcement—and the ways in which it backfires—writ large. Black markets incentivize many things. Safety is not among them. Common, however, are upticks in crime and violence, as users cannot litigate anything out in the open, and even more dangerous strains, which proliferate without any quality control. Overzealous enforcement often leaves addicts resigned to lengthy periods in cages. Those individuals are more likely to suffer from severe mental health issues, perhaps the reason why some started using drugs in the first place.

Semler was an addict, though she is not any longer, having gotten sober a year after Werstler’s death. Prior to her conviction, she worked as a marketer for a drug rehab center in New Jersey and sponsored several other young women who wrestle with similar issues. Even so, until this week, she was doomed to sit behind bars for the next several decades—a harsher sentence than the maximum Pennsylvania allows for third-degree murder, though Werstler freely chose to take those drugs that evening.

That doesn’t change the fact that Semler should have called for help. It’s not far-fetched to assume she was discouraged from doing so for fear that the state would nail her for her drug use. She wasn’t wrong.

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She Was Sentenced to 21 Years in Prison for Handing Drugs to a Friend Who Overdosed. A Federal Court Wasn’t Having It.


dreamstime_l_108687381

On May 9, 2014, Emma Semler, then a teenager, shot up heroin with her friend, Jenny Werstler, in a West Philadelphia KFC bathroom. The former made it out alive. The latter did not.

A little over five years later to the day, Semler was sentenced to more than two decades behind bars for distribution of heroin resulting in death after she physically handed Werstler the baggie that would result in her overdose. The charge carries a mandatory minimum sentence of 20 years. Semler received 21 years’ imprisonment, along with six years’ supervised release and a $2,500 fine.

A federal court reversed that this week, vacating Semler’s conviction and sentence.

The distribution charge and its mandatory punishment are both rooted in the war on drugs and meant to zero in on dealers. But Semler found herself caught up in its dragnet because she passed the heroin to Werstler, who had asked for it—an absurdly literal reading of the law, and a reminder of the far-reaching implications of well-meaning attempts to crack down on drug use.

“Turning to a plain reading of the statute, we are not persuaded by the government’s sweeping interpretation,” wrote Circuit Judge Jane Richards Roth of the U.S. Court of Appeals for the 3rd Circuit. “The government would have us believe that if two drug addicts jointly and simultaneously purchase methamphetamine and return home to smoke it together, a ‘distribution’ has occurred each time the addicts pass the pipe back and forth to each other. Such an interpretation diverts punishment from traffickers to addicts, who contribute to the drug trade only as end users and who already suffer disproportionally from its dangerous effects.”

As teenagers, Werstler and Semler first met at a Delaware County rehab center. They both relapsed, and in 2014, on Werstler’s 20th birthday, she contacted Semler via Facebook Messenger for help purchasing heroin. Semler responded that she did not have a car. Werstler did, but asked if Semler could furnish a syringe and water bottle for the injection, and if she could borrow $10 to buy the heroin. Semler obliged.

Semler’s sister, who was also present that evening, testified that she could not remember who actually completed the purchase.

But that didn’t necessarily matter, because it was Semler who physically passed off the drug to Werstler when the three entered that KFC bathroom. All shot up independently. Werstler then requested a second injection to celebrate her birthday, after which point she began to overdose. The two sisters threw cold water on her and attempted to revive her but eventually exited the building and did not call 911.

The case is nauseating, and no serious person could argue that the Semler sisters displayed anything approaching human decency when they fled KFC and left Werstler there to die. But perhaps it’s the tough-on-crime, drug-warrior statutes—like the one Emma Semler was convicted under—that discourage such people from calling for help when those situations go miserably awry.

That wasn’t lost on Richards Roth, who was nominated to the bench by former President Ronald Reagan. “Indeed, the threat of harsh penalties in any joint-use situation could jeopardize addicts’ safety even more by deterring them from using together specifically so that one can intervene if another overdoses,” she said. “Moreover, given the prevalence of shared drug use, a too-broad construction of ‘transfer’ risks arbitrary enforcement.”

Whether or not she intended it to be, the above excerpt is broadly applicable to drug enforcement—and the ways in which it backfires—writ large. Black markets incentivize many things. Safety is not among them. Common, however, are upticks in crime and violence, as users cannot litigate anything out in the open, and even more dangerous strains, which proliferate without any quality control. Overzealous enforcement often leaves addicts resigned to lengthy periods in cages. Those individuals are more likely to suffer from severe mental health issues, perhaps the reason why some started using drugs in the first place.

Semler was an addict, though she is not any longer, having gotten sober a year after Werstler’s death. Prior to her conviction, she worked as a marketer for a drug rehab center in New Jersey and sponsored several other young women who wrestle with similar issues. Even so, until this week, she was doomed to sit behind bars for the next several decades—a harsher sentence than the maximum Pennsylvania allows for third-degree murder, though Werstler freely chose to take those drugs that evening.

That doesn’t change the fact that Semler should have called for help. It’s not far-fetched to assume she was discouraged from doing so for fear that the state would nail her for her drug use. She wasn’t wrong.

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