Test, Trace, and Isolate: Covid-19 and the Canadian Constitution

Contact tracing is essential to controlling the spread of infectious disease and plays a central role in plans to safely loosen Covid-19 physical distancing measures and begin to reopen the economy. Contact tracing apps, used in conjunction with established human contact tracing methods, could serve as part of Canada’s “test, trace, and isolate” strategy. In this brief, we consider the potential benefits of using contract tracing apps to identify people who have been exposed to Covid-19, as well as the limitations of using this technology. We also consider the privacy implications of different app design choices. Finally, we consider how the privacy impacts of contact tracing apps could be evaluated under the Canadian Charter of Rights and Freedoms, which provides a framework for balancing competing rights and interests. We argue that so long as apps are carefully constructed and the information they reveal is appropriately safeguarded, tracing apps may have a role to play in the response of a free and democratic society to the Covid 19 pandemic. 1. Improving the Efficiency of Human Contact Tracing: The public health goal of a contact tracing app should be to integrate with human contact tracing and make it more efficient rather than replace it. We need to keep humans in the loop to ensure accuracy and to maintain the important social functions of contact tracing, which includes educating people about risks and helping them access social supports. 2. Privacy Choices: Currently, the most privacy-protective design for contact tracing apps makes use of proximity data (via Bluetooth) through a decentralized design. This method is receiving significant technical support from Apple and Google. However, this method fails to integrate with the human contact tracing system. Other options, such as the use of location logs or a centralized registration system, are more aligned with the public health goal of integration with human contact tracing but raise additional privacy questions. In addition to the constitutional questions raised by these privacy choices, there are two important considerations. First, social trust is important. If individuals do not feel comfortable with using a particular contact tracing app there will not be the large-scale uptake needed to make these an effective addition to human contact tracing. Second, due to various technical challenges, it is difficult to make effective contact tracing apps utilizing proximity data unless one uses the method supported by Apple and Google. However, Google and Apple prohibit app developers both from utilizing centralized methods and from utilizing location data. 3. Constitutional Balancing: Our privacy commissioners have discussed the need to assess these privacy choices according to the principles of necessity and proportionality. The Canadian Charter provides an important framework for thinking about these principles as it provides us with a framework for how to balance rights and interests in a free and democratic society. The Charter requires that we choose the most privacy-protective app design that meets the public health goal, so long as the benefits of meeting this goal outweigh its deleterious effects on privacy. This requires a reasonable belief in the efficacy of such an app. It also requires an assessment of the nature of the benefits, which are not just the economic benefits of reopening the economy. The currently prevailing restrictions on movement and work are themselves limitations of basic rights and liberties. Individuals who self-isolate in situations of poverty, precarious housing, mental health challenges, abusive relationships, or other vulnerabilities face challenges that affect their security of the person. There are also broader effects on equality and human flourishing. If contact tracing, enhanced by an app, reduces the need for restrictions in the form of self-isolation, it promotes other Charter rights and values (e.g., security of the person) which must be balanced against the potential infringement of privacy rights

Fluctuating Cu-O-Cu Bond model of high temperature superconductivity in cuprates

Twenty years of extensive research has yet to produce a general consensus on the origin of high temperature superconductivity (HTS). However, several generic characteristics of the cuprate superconductors have emerged as the essential ingredients of and/or constraints on any viable microscopic model of HTS. Besides a Tc of order 100K, the most prominent on the list include a d-wave superconducting gap with Fermi liquid nodal excitations, a d-wave pseudogap with the characteristic temperature scale T*, an anomalous doping-dependent oxygen isotope shift, nanometer-scale gap inhomogeneity, etc.. The key role of planar oxygen vibrations implied by the isotope shift and other evidence, in the context of CuO2 plane symmetry and charge constraints from the strong intra-3d Coulomb repulsion U, enforces an anharmonic mechanism in which the oxygen vibrational amplitude modulates the strength of the in-plane Cu-Cu bond. We show, within a Fermi liquid framework, that this mechanism can lead to strong d-wave pairing and to a natural explanation of the salient features of HTS

Motor empathy is a consequence of misattribution of sensory information in observers

Human behavior depends crucially on the ability to interact with others and empathy has a critical role in enabling this to occur effectively. This can be an unconscious process and based on natural instinct and inner imitation (Montag et al., 2008) responding to observed and executed actions (Newman-Norlund et al., 2007). Motor empathy relating to painful stimuli is argued to occur via the mirror system in motor areas (Rizzolatti and Luppino, 2001). Here we investigated the effects of the location of emotional information on the responses of this system. Motor evoked potential (MEP) amplitudes from the right first dorsal interosseus (FDI) muscle in the hand elicited by single pulses of transcranial magnetic stimulation (TMS) delivered over the left motor cortex were measured while participants observed a video of a needle entering a hand over the FDI muscle, representing a painful experience for others. To maintain subjects' internal representation across different viewing distances, we used the same size of hand stimuli both in peripersonal and extrapersonal space. We found a reduced MEP response, indicative of inhibition of the corticospinal system, only for stimuli presented in peripersonal space and not in extrapersonal space. This empathy response only occurring for near space stimuli suggests that it may be a consequence of misidentification of sensory information as being directly related to the observer. A follow up experiment confirmed that the effect was not a consequence of the size of the stimuli presented, in agreement with the importance of the near space/far space boundary for misattribution of body related information. This is consistent with the idea that empathy is, at least partially, a consequence of misattribution of perceptual information relating to another to the observer and that pain perception is modulated by the nature of perception of the pain

Convergent genetic and expression data implicate immunity in Alzheimer's disease

Background Late–onset Alzheimer's disease (AD) is heritable with 20 genes showing genome wide association in the International Genomics of Alzheimer's Project (IGAP). To identify the biology underlying the disease we extended these genetic data in a pathway analysis. Methods The ALIGATOR and GSEA algorithms were used in the IGAP data to identify associated functional pathways and correlated gene expression networks in human brain. Results ALIGATOR identified an excess of curated biological pathways showing enrichment of association. Enriched areas of biology included the immune response (p = 3.27×10-12 after multiple testing correction for pathways), regulation of endocytosis (p = 1.31×10-11), cholesterol transport (p = 2.96 × 10-9) and proteasome-ubiquitin activity (p = 1.34×10-6). Correlated gene expression analysis identified four significant network modules, all related to the immune response (corrected p 0.002 – 0.05). Conclusions The immune response, regulation of endocytosis, cholesterol transport and protein ubiquitination represent prime targets for AD therapeutics

Search for dark matter produced in association with bottom or top quarks in √s = 13 TeV pp collisions with the ATLAS detector

A search for weakly interacting massive particle dark matter produced in association with bottom or top quarks is presented. Final states containing third-generation quarks and miss- ing transverse momentum are considered. The analysis uses 36.1 fb−1 of proton–proton collision data recorded by the ATLAS experiment at √s = 13 TeV in 2015 and 2016. No significant excess of events above the estimated backgrounds is observed. The results are in- terpreted in the framework of simplified models of spin-0 dark-matter mediators. For colour- neutral spin-0 mediators produced in association with top quarks and decaying into a pair of dark-matter particles, mediator masses below 50 GeV are excluded assuming a dark-matter candidate mass of 1 GeV and unitary couplings. For scalar and pseudoscalar mediators produced in association with bottom quarks, the search sets limits on the production cross- section of 300 times the predicted rate for mediators with masses between 10 and 50 GeV and assuming a dark-matter mass of 1 GeV and unitary coupling. Constraints on colour- charged scalar simplified models are also presented. Assuming a dark-matter particle mass of 35 GeV, mediator particles with mass below 1.1 TeV are excluded for couplings yielding a dark-matter relic density consistent with measurements

Intention and Attempt

Anglo-American criminal law traditionally demands a criminal purpose for an attempt conviction, even when the crime attempted requires only foresight or recklessness. Some legal philosophers have defended this rule by appeal to an alleged difference in the ‘‘moral character’’ or ‘‘intentional structure’’ of intended versus non-intended harms. I argue that there are reasons to be skeptical of any such differences; and that even if conceded, it is only on the basis of an unworkable view of criminal responsibility that such a distinction would support a rule restricting attempts to criminal purpose. I defend instead the ‘‘continuity thesis,’’ according to which attempts are functionally continuous with endangerment offenses: both are legal efforts to regulate unreasonably dangerous conduct. The upshot of the continuity thesis is that there is little substantive difference between attempt and endangerment in principle, no matter how they are labeled in law

Action and Agency in the Criminal Law

This paper offers a critical reconsideration of the traditional doctrine that responsibility for a crime requires a voluntary act. I defend three general propositions: first, that orthodox Anglo-American criminal theory (as represented by Michael Moore's updating of Austin's volitionalism) fails to adequately explain why criminal responsibility requires an act. Second, when it comes to the just definition of crimes, the act requirement is at best a rough generalization, rather than a substantive limiting principle. Third, that the intuition underlying the so-called "act requirement" is better explained by what I call the "practical agency condition," according to which punishment in a specific instance is unjust unless the crime charged was caused or constituted by the agent's conduct (broadly understood) qua practically rational agent. The practical agency condition is defended as a reconstruction of what is worth retaining in Anglo-American criminal law's traditional notion of an "act requirement.

A Response to Professor Kleinfeld's 'Reconstructivism: The Place of Criminal Law in Ethical Life

This short paper is a response to Josh Kleinfeld's recent defense of a reconstructivist theory of the criminal law. I argue that reconstructivism cannot explain why the expressive nullification of crime is "the" central role for criminal justice institutions, nor why it is so important that this role take the specific form of criminal punishment. Second, I argue that Kleinfeld vacillates between two different claims – that the criminal law is constitutive of a society's way of life and the quite different claim that the criminal law is a means of protecting it. Third, I raise some concerns about the relation of reconstructivism to the historical and contemporary literature. Finally, I suggest that reconstructivism serves to effectively insulate a society's potentially oppressive use of the criminal law from criticism

Mass Incarceration and the Theory of Punishment

An influential strain in the literature on state punishment analyzes the permissibility of punishment in exclusively deontological terms, whether in terms of an individual's rights, the state's obligation to vindicate the law, or both. I argue that we should reject a deontological theory of punishment because it cannot explain what is unjust about mass incarceration, although mass incarceration is widely considered — including by proponents of deontological theories — to be unjust. The failure of deontological theories suggests a minimum criterion of adequacy for a theory of punishment: it must take aggregation seriously such that it returns plausible results when scaled up from individual cases to large public institutions. In this vein, I briefly sketch a prioritarian metric for evaluating the use of custodial sanctions in creating and allocating social advantage

Making Modern Criminal Law Theory: Reflections on Farmer

This brief review essay is devoted to a discussion of Lindsay Farmer’s recent book, Making the Modern Criminal Law. I focus on the following themes: a formal and material interpretation of criminal law in facilitating “civil order”; the relation between criminal law’s history and its justification; and the idea that the criminal law forms a sufficiently cohesive and distinctive body of law that it makes sense to ascribe moral principles to it that we would not be prepared to ascribe to public institutions, and public law, more generally