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Clarke Introduces The Civil Rights Modernization Act
5 Clarke Introduces H.R. 3184, The Civil Rights Modernization Act of 2021
Washington, D.C.: On May 17, Congresswoman Yvette D. Clarke (NY-09), announced the introduction of the Civil Rights Modernization Act of 2021 (H.R.3184). The bill will amend Section 230 of the Communications Act to ensure that civil rights laws apply to the targeting of advertisements. There is a history of discriminatory targeting of advertisements that has harmed society by allowing consumers to be excluded from seeing certain ads. These harms are not theoretical and occur in real-time – with particularly troubling implications for communities of color. Personal data such as gender, race, hobbies and interests, and zip code are used to limit the online visibility of many opportunities, thus perpetuating inequities in housing opportunities, credit and employment. “Harmful advertising practices that target communities of color, women, and other marginalized groups are increasing in scale and consequence. To comprehensively address these civil rights implications, Section 230 must be reformed. This legislation is a necessary step to addressing civil rights violations during these unprecedented times,” said Clarke. “We must address platform accountability issues thoughtfully, with a robust conversation around the impact of some proposed guardrails that will protect our digital community. H.R. 3184 achieves this.” “Protecting Americans’ civil rights is more important than ever—this bill put forward by Congresswoman Clarke updates and modernizes these bedrock protections for the 21st Century. Targeted ads have been used to exclude people from voting, housing, job opportunities, and other beneficial economic activity on the basis of race, sex, age, and other protected statuses. As more and more of our lives occur online, ensuring that these protections can be enforced online is critical. As we have seen with the pandemic, the racial justice movement, and the attack on the Capitol on January 6th –these platforms need greater accountability,” said Congressman Mike Doyle, Chair of the Communications and Technology Subcommittee. “I look forward to working with Congresswoman Clarke and with my colleagues on the Committee on this legislation. We also plan to release additional proposals that together will form a comprehensive package to help reform existing law and ensure that online platforms are working to benefit our democracy and not against it.”
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Organization Support
"Social media platforms have argued for an overly broad interpretation of Section 230 that would allow them to escape liability when they deploy their algorithms to target ads for housing, employment, and financial services toward White users and away from Black, Latina/o, and other users of color. This is wrong. The Civil Rights Modernization Act of 2021 makes clear that social media companies are not immune from landmark civil rights laws. This thoughtful bill is tailored to address a real problem, and it represents a major step in advancing platform accountability,” said Spencer Overton, President, Joint Center for Political and Economic Studies, Professor of Law, George Washington University. "I commend [Congresswoman Clarke for] the Civil Rights Modernization Act of 2021. For over 45 years, it's been illegal nationwide to exclude people from getting ads for jobs, housing, and credit due to their race, sex, or other protected statuses. This bill will ensure that no online platform can claim immunity for profiting from the illegal targeting of ads. It underscores that the internet is not a civil rights-free zone," said Peter RomerFriedman, a principal of Gupta Wessler PLLC and former labor counsel to Senator Edward M. Kennedy.l
Should My Child Get the COVID-19 Vaccine?/
continued from page 1 mendations endorsing use in this age group after their advisory group meeting on May 12. The American Academy of Pediatrics also supports this decision.
1. Does the vaccine work in adolescents?
Yes, recently released data from PfizerBioNTech shows that the COVID-19 vaccine seems to work really well in this age group. The COVID-19 vaccine was found to be 100% efficacious in preventing symptomatic COVID-19 in an ongoing clinical trial of children in the U.S. aged 12 to 15. Adolescents made high levels of antibody in response to the vaccine, and their immune response was just as strong as what has been seen in older teens and young adults 16-25 years of age.
2. How do I know whether the vaccine is safe for my child?
So far, the COVID-19 vaccine appears to be safe and well tolerated in adolescents. All of the COVID-19 vaccines authorized for use in the U.S. have undergone rigorous study, but we don’t want to assume that children are little adults. This is why it is so important to study these vaccines just as carefully in children before health authorities could recommend use. Ongoing studies will continue to follow vaccinated children closely and robust safety monitoring will help rapidly identify rare or unexpected concerns if they emerge.
3. I thought children were low-risk –do they still need to get the vaccine?
Currently, children represent nearly onequarter of all new reported weekly COVID-19 cases in the U.S. While serious illness from COVID-19 is rare in children, it does occur – thousands of children have been hospitalized and at least 351 children have died from COVID-19 in the U.S. Some children who get seriously ill from COVID-19 may have underlying health conditions, but not all do. Vaccination will help protect children from developing serious illness. Additionally, since adolescents can transmit COVID-19 to others, vaccinating children may prove to be an important part of safely getting back to normal activities of life, including attending school in person, participating in team sports and spending time with friends. A large survey of school-aged children showed that children in full or partial virtual school reported lower levels of physical activity, less in-person time socializing with friends and worse mental or emotional health compared with those receiving full in-person schooling. Children are experiencing unprecedented increases in indirect adverse health and educational consequences related to the pandemic, and we need to find ways to help them get quickly and safely back to normal life. Vaccination is one of them.
4. What side effects might I expect for my child?
Nonsevere side effects may be experienced following vaccination. The most commonly reported side effects have been pain and swelling at the injection site. Other common side effects include tiredness and headache. Similar to young adults, some adolescents have experienced fever, chills, muscle aches and joint pain, which may be more common after the second dose. These effects are short-lived, however, and most resolve within one to two days. Some adolescents may faint when receiving an injection. If this is a concern for your child, let your vaccine administration site know ahead of time – your child can be given the vaccine while they’re seated or lying down to avoid injuries from falling.
5. Have there been any severe reactions among children?
No serious adverse events related to vaccination were reported in the PfizerBioNTech clinical trial. Serious allergic reactions have rarely been reported in older people. Anyone with a known severe or immediate allergy to the vaccine or any component of the vaccine should not get the vaccine. If your child has a history of any severe allergic reactions or any type of immediate allergic reaction to a vaccine or injectable therapy, let the vaccine site administrator know so that your child can be monitored for at least 30 minutes after getting the vaccine. Parents should talk to a trusted health care provider or allergist if they have specific questions about the possibility of an allergic reaction in their child.
6. When will a COVID-19 vaccine be authorized for children younger than 12 years?
COVID-19 vaccine makers have begun or are planning to begin testing COVID19 vaccines in younger children. As more information becomes available, the authorized age recommendations may change. Children ages 2-11 years old could potentially be eligible as early as the end of this year.
7. If I’ve been vaccinated but my child hasn’t, could I still give the virus to them?
The COVID-19 vaccines do not contain live COVID-19 virus, so they cannot cause COVID-19. Rather, getting vaccinated will help protect both you and your children from COVID-19. Studies have shown that vaccinated pregnant and lactating mothers can pass protective immunity on to their young infants across the placenta and in breast milk – one more benefit of vaccination. Though researchers are still learning how well the vaccine can help prevent spread, vaccination is still an important way to limit infecting people who are not yet eligible for the vaccine, like younger children. l
Dr. Debbie-Ann Shirley is an associate professor of pediatrics at the University of Virginia specializing in pediatric infectious diseases.
India Variant Arrives in the U.S.
The B.1.617 variant that was first identified in India and has since ravaged the country, has now been spotted in the United States. This is an extremely contagious triple-mutant variant that the WHO has called a “variant of concern,” indicating that it is, in fact, nothing short of a global health threat. US Health officials are not panicked by the arrival of the deadly variant, insisting that the nation is now far better equipped to combat the virus threat with its high vaccination rates and a recently destressed health care system. Wary experts, however, still insist on vigilantly monitoring it. The B.1.617 variant appeared in the U.K at the end of April and quickly multiplied into hundreds of cases. And in the last week its cases more than doubled, going from 520 to 1313, proving just how extremely contagious this particular strain can be. According to the most recent CDC estimates, the B.1.617 variant may have already jumped from claiming 1% of the infections in the U.S. to 3% of the infections. Moreover, the agency believes this variant accounts for over 10% of the infections in New York and New Jersey regions while accounting for more than 17% of the total infections in Western states. WHO’s technical lead for Covid-19, Maria Van KerKhove shared that preliminary studies have shown that B.1.617 possesses higher transmissibility and may be able to evade the immune system more efficiently. In fact, it may even be able to evade antibodies resulting from the vaccines but this needs further research. Regardless, the vaccine shots are still considered effective and must be given. So what does all this information translate to? What does it mean for us? Van KerKhove explained, “What it means for anybody at home is any of the SARS-CoV-2 viruses circulating can infect you and spread and everything in that sense is of concern. So, all of us at home, no matter where we live, no matter what virus is circulating, we need to make sure that we take all of the measures at hand to prevent ourselves from getting sick.”l
Herd Immunity Appears Unlikely for COVID-19, But CDC Says Vaccinated People Can Ditch Masks in Most Settings
BY WILLIAM PETRI THE CONVERSATION
When COVID-19 first began spreading, public health and medical experts began talking about the need for the U.S. to reach herd immunity to stop the coronavirus from spreading. Experts have estimated that between 60% and 90% of people in the U.S. would need to be vaccinated for that to happen. Only about 35% of the population has been fully vaccinated, and yet the CDC said on May 14, 2021 that fully vaccinated people can lose their masks in most indoor and outdoor settings. An important question now arises: What happens if we don’t reach herd immunity? Dr. William Petri is a professor of infectious diseases at the University of Virginia who helps lead the global program to achieve herd immunity for polio as the chair of the World Health Organization’s Polio Research Committee. He answers questions here about herd immunity and COVID-19.
What is herd immunity?
Herd immunity occurs when there are enough immune people in a population that new infections stop. It means that enough people have achieved immunity to disrupt person-to-person transmission in the community, thereby protecting nonimmune people. Immunity can result from either vaccination or prior infection. Herd immunity may exist globally, as it does with smallpox, or in a country or region. For example, the U.S. and many other countries have achieved herd immunity for polio and measles, even though global herd immunity does not yet exist.
Has herd immunity been achieved globally for other infections?
This has happened only once on a global scale, with the eradication of smallpox in 1980. This was after a decadelong worldwide intensive vaccination campaign. We also are also approaching global herd immunity for polio. When the Global Polio Eradication Initiative was formed in 1988 there were 125 countries with endemic polio and over 300,000 children paralyzed annually. Today, after 33 years of immunization campaigns, Afghanistan and Pakistan are the only countries with wild polio virus, with only two cases of paralysis due to wild poliovirus this year. So herd immunity can be achieved worldwide, but only through extraordinary efforts with global collaboration.
It seems as though the goal posts for herd immunity keep changing. Why?
Experts estimate that between 60% and 90% of the U.S. population would need to be immune for there to be herd immunity. This wide range is because there are many moving parts that determine what is needed to achieve herd immunity. Factors influencing whether the target is 60% or 90% include how well vaccination and prior infection prevent not
continued on page 8
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COVID-19 vaccines are safe, effective and will help us all get back to the people and activities we have missed.
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To get the facts about COVID-19 vaccines, visit nyc.gov/covidvaccine. Visit nyc.gov/vaccinefi nder or call 877-VAX-4NYC (877-829-4692) to fi nd a vaccination site to get your COVID-19 vaccine.
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Herd Immunity Appears
Unlikely/continued from page 7
only illness due to COVID-19, but also infection and transmission to others. Additional considerations include the heightened transmissibility of new variants of SARS-CoV-2 and the use of measures to interrupt transmission, including face masks and social distancing. Other important factors include the duration of immunity after vaccination or infection, and environmental factors such as seasonality, population sizes and density and heterogeneity within populations in immunity.
What is the biggest barrier to herd immunity in the U.S.?
Two factors could lead to failure to achieve high enough levels of immunity: not every adult receiving the vaccine because of “vaccine hesitancy” and the likely need to vaccinate adolescents and children. The FDA cleared the emergency use of the Pfizer-BioNTech COVID-19 vaccine for adolescents 12 to 15 years of age on May 10, 2021, so that could help. But an added barrier is the constant pressure of reintroduction of infection from other countries where vaccination is not as readily available as in the U.S. Achieving herd immunity to the extent of totally blocking new infections is therefore, while a laudable goal, not easily achievable. I think that for COVID19 at this time, it will be possible only with the concerted global effort over years, similar to what led to smallpox eradication.
Why are there ‘vaccine hesitant’ individuals?
People may be vaccine hesitant for several reasons, including lack of confidence in the vaccine, the inconvenience of receiving the vaccine, or complacency – that is, thinking that if they get COVID-19 it will not be severe. Lack of confidence includes concerns for vaccine safety or skepticism about the health care providers and public health officials administering them. Complacency reflects a personal decision that vaccination is not a priority for that individual because she or he perceives that the infection is not serious or because of competing priorities for time. Convenience issues include the availability and complexity, such as having to get two doses.
Since herd immunity will not be reached, what will our lives look like?
At least into 2022 and likely for much longer, I do not expect there will be herd immunity for COVID-19. What there will be, probably by the end of this summer in the U.S., is a new normalcy. There will be far fewer cases and deaths due to COVID-19, and there will be a removal of social distancing and year-round masking, as evidenced by the CDC’s new guidelines issued May 13, 2021, that vaccinated people do not have to wear masks in most places. But there will be a seasonality to coronavirus infections. That means there will be less in the summer and more in the winter. We’ll also see outbreaks in regions and population subgroups that lack adequate immunity, short-lived lockdowns of cities or regions, new and more transmissible variants and a likely requirement for vaccine booster shots. We cannot let down on the research and development of treatments and new vaccines, as studies show that COVID-19 is here to stay.l
Dr. William Petri is a professor of infectious diseases at the University of Virginia who helps lead the global program to achieve herd immunity for polio as the chair of the World Health Organization’s Polio Research Committee.
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10 A Storm Brewing Over Haiti at the OAS
BY SIR RONALD SANDERS
claim himself president-for-life. I was shocked to read the various news reports of gender-based violence occurring in recent weeks in Therefore, if the OAS accepts that facilitation of the referendum is a condition of its good offices’ role, its purpose and credibility are undermined even before it Jamaica, and especially a report by the starts. No stakeholder would participate United Nations that 700 new cases of in any dialogue where organization of a gender-based violence were reported in constitutional referendum is a condition. Jamaica between March and April 2020. It is important to recall that, prompted Fear, intimidation, and a subtle normal- by the rapidly deteriorating democratic izing of the unthinkable continue to and human rights situation in Haiti, the make it difficult to hold fully account- offer of good offices by the Permanent able those who perpetrate such awful Council resolution was “to facilitate a acts of violence. There is a dramatic dialogue that would lead to free and fair deterioration in the moral fiber of our elections”. Nowhere did the Resolution beloved Jamaican society. This decline is venture to suggest that the OAS’ role demonstrated by a distressingly high crime rate in general and an embarrassing decrease in respect for women in particular. We are aware of the worldwide increase in domestic violence partly due to the Covid-19 pandemic. Unfortunately, Jamaica has become a part of this global disgrace of genderbased violence. Strong disagreement may be brewing at the Organization of American States (OAS) on how to respond to the ongoing, grave political and constitutional crisis in Haiti. Since January 2020, the Haitian president, Jovenel Moïse, has been ruling the country by decree without any legislative oversight. The mandates of the members of the Haitian parliament, except for ten of them, were terminated because elections were not held. The rising tension in the country, including use of lethal force by the police against protestors, widespread kidnappings and killing, rape of women, and an arbitrary decision by Moïse to hold a controversial referendum on a new constitution, as well as heightened political contention, caused concerned member states at the OAS, including nine CARICOM countries, to sponsor a Resolution at the organization’s Permanent Council to address the situation urgently. Specifically, the Resolution, adopted on March 17, offered “the good offices of the OAS under the authority of the Permanent Council to facilitate a dialogue that would lead to free and fair elections”. It requested the secretarygeneral, Luis Almagro, “to advise the government and other major stakeholders in Haiti, of the Permanent Council’s offer to undertake a good offices role and to invite the president of Haiti to consider inviting the Permanent Council to do so”. Whether or not Almagro wrote to the Haitian president and “other major stakeholders” is unclear. Certainly, no major political party or human rights group in Haiti has confirmed receipt of any communication from him. There has also been silence from him to two official requests, asking for details of stakeholders to whom he might have written and when. There is no need for this – a straight answer is all that is required. This matter will be mired in controversy, because while uncertainty prevails over whether or not the secretary-general did write to the president and other major stakeholders in Haiti, a letter dated April 28 was sent to him by Claude Joseph in the latter’s capacity as minister of foreign affairs. The letter is significant. First, it does not refer to any communication received from Almagro. Instead, it references the Permanent Council’s Resolution of March 17 as the basis for writing. Second, it states that “the government of the Republic of Haiti is willing to receive an OAS mission in support of the ongoing dialogue with all the nation’s stakeholders with a view to concluding a political agreement that will facilitate the organization of the constitutional referendum and elections at all levels during the course of 2021”. would include facilitating the organization of a referendum to alter the constitution. Particularly significant is that on April 26, two days before Joseph sent his letter to Almagro, 68 members of the US Congress wrote to Secretary of State, Antony Blinken, pointing out that Moïse “lacks the credibility and legitimacy to oversee a constitutional referendum scheduled for June 2021, or to administer elections that are free and fair”. This position by such a large number of US Congress persons, led by Gregory W. Meeks, the Chair of the Foreign Affairs Committee of the House, is a remarkable development. It shows that important US lawmakers are deeply concerned about what they describe as, “lack of preparedness of electoral institutions to hold elections, as well as the unconstitutional composition of the prevailing electoral council”. Contrary to law, Moïse handpicked the members of the Council. Of especial note is that the 68 US Congresspersons urged Secretary Blinken to use the US vote within the OAS “to ensure US taxpayer dollars are not spent in support of this referendum”. Last year, the OAS and CARICOM, held all the parties in Guyana to account to deliver a credible result to general elections held on March 2. It took five months of the active attention and diligence of CARICOM, the Commonwealth, the European Union and the OAS to ensure that democracy and the rule of law were upheld in Guyana, and that general and regional elections were not stolen by the incumbent government. What is happening in Haiti now is no less egregious than what was resisted in Guyana in 2020 and is now being conOn the second point, the OAS Resolution of March 17 did not offer its good offices “to facilitate the organization of the constitutional referendum”. The proposed referendum is entirely of president Moïse’s making and is mired in claims of unconstitutionality. The highly respected US Congresswoman, Maxine Waters, describes it as “Moïse’s most audacious demned in other member states of the OAS – and even in countries outside of it. The OAS must act in the interest of Haiti and the Haitian people to uphold their rights to democratic governance, human rights, and the opportunity for economic development. The governing Charters of the OAS mandate it.l and dangerous power grab”. Legal experts inside and outside Haiti have opined that the existing Constitution specifically prohibits referenda to decide constitutional changes because a former dictator, Jean Claude ‘Baby Doc’ Duvalier, had used that artifice to pro-
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Sir Ronald Sanders is currently Ambassador Extraordinary and Plenipotentiary to the United States and the Organization of American States.
