E-mail:
Jack Balkin: jackbalkin at yahoo.com
Bruce Ackerman bruce.ackerman at yale.edu
Ian Ayres ian.ayres at yale.edu
Corey Brettschneider corey_brettschneider at brown.edu
Mary Dudziak mary.l.dudziak at emory.edu
Joey Fishkin joey.fishkin at gmail.com
Heather Gerken heather.gerken at yale.edu
Abbe Gluck abbe.gluck at yale.edu
Mark Graber mgraber at law.umaryland.edu
Stephen Griffin sgriffin at tulane.edu
Jonathan Hafetz jonathan.hafetz at shu.edu
Jeremy Kessler jkessler at law.columbia.edu
Andrew Koppelman akoppelman at law.northwestern.edu
Marty Lederman msl46 at law.georgetown.edu
Sanford Levinson slevinson at law.utexas.edu
David Luban david.luban at gmail.com
Gerard Magliocca gmaglioc at iupui.edu
Jason Mazzone mazzonej at illinois.edu
Linda McClain lmcclain at bu.edu
John Mikhail mikhail at law.georgetown.edu
Frank Pasquale pasquale.frank at gmail.com
Nate Persily npersily at gmail.com
Michael Stokes Paulsen michaelstokespaulsen at gmail.com
Deborah Pearlstein dpearlst at yu.edu
Rick Pildes rick.pildes at nyu.edu
David Pozen dpozen at law.columbia.edu
Richard Primus raprimus at umich.edu
K. Sabeel Rahmansabeel.rahman at brooklaw.edu
Alice Ristroph alice.ristroph at shu.edu
Neil Siegel siegel at law.duke.edu
David Super david.super at law.georgetown.edu
Brian Tamanaha btamanaha at wulaw.wustl.edu
Nelson Tebbe nelson.tebbe at brooklaw.edu
Mark Tushnet mtushnet at law.harvard.edu
Adam Winkler winkler at ucla.edu
When businesses started opening their doors again as
Coronavirus restrictions eased, a flurry of customers often found themselves
standing in front of locked doors. A lot of restaurants and other retailers
have either not survived the pandemic or had to curtail their operating hours.
Several times we have returned to a favorite store only to find it closed.
Google has helped. They stayed up to date with whether
businesses were open and their hours of operation, and they let us know if a
restaurant offered outdoor dining or curbside pick-up.
In part, Google has been able to do this because of its
cutting-edge AI technology called Duplex (demoed
in 2018). Duplex bots - which sound amazingly human -- can call businesses to
find out whether they offer curbside pick-up or whether they have special Labor
Day hours. Then Google includes this information in their Google Maps and
Search results. When Duplex first rolled out, many retailers didn't even realize
that they were speaking
with a bot. (Google later updated Duplex to mention during the conversation
that it was an automated service calling.)
This automated calling not only helps customers, it also
cuts down the hassle to retailers. Restaurants or other establishments
only have to answer one call instead of hundreds pouring in from individual
customers.
Google should go further. It should help customers learn
about retailers’ policies on vaccines. Just as it added information on curbside
pickup to its search results, it should use Duplex to gather information on
whether an establishment’s employees are vaccinated and whether customers are
required to prove that they are vaccinated.
Google search results already helpfully include “health and
safety” information – including whether staff and customers have to wear masks.
But they don’t provide information on whether staff and customers are
vaccinated. You’d have to call Spago (as we did) to learn that it doesn’t require its staff
to be vaccinated.
Google should also add vaccination filters to their search
options. In Google Maps, you can easily filter your restaurant search to just
show you Thai restaurants. But you can’t look for restaurants that have
vaccinated staff.
We know that such filters are possible, because they already
exist on Yelp.
But Yelp requires businesses to log in and manually add this information to
their page. A local Branford restaurant, Genaro’s Pizza, requires its employees
to be vaccinated but you wouldn’t learn this from their Yelp
page. Google has a much broader market reach, and its bots can do the heavy
lifting collecting the vaccine policy information.
Providing vaccine information helps create an associational
marketplace, where people with compatible preferences can find each other and
make informed associational choices. Google can help Americans exercise a
different kind of dimension of freedom. You might be free not to be vaccinated,
but I should be free not to unknowingly spend time with you.
A lot of customers want (or should want) to know about
whether staff and other customers are vaccinated. Unvaccinated people are
4
times more likely to contract COVID. Patronizing fully vaccinated venues
lowers your chances of getting sick. It can be uncomfortable to ask your server
if they are vaccinated. Most people would prefer to find out in advance before
they get in their car.
The Biden administration has been meeting
with businesses urging them to mandate employee vaccines. But one of the
impediments to businesses adopting vaccine mandates is that it is hard for
consumers to learn and shift their business toward safer establishments. Google
can help change that.
Of course, an associational marketplace might in some cases
lead to perverse results. Some anti-vaxxers might choose to boycott
businesses that enforce public safety measures. But buycotts
tend to be much more economically powerful than boycotts. Imagine, for example,
that just 10% of consumers care deeply about wanting to patronize establishments
that require staff vaccinations, and bizarrely, that 20% prefer going to
businesses with unvaccinated employees, with the remaining 70% not caring one
way or the other. Even stacking the preferences against buycotts, we might
expect that 3 out of 10 firms could profitably require vaccine mandates.
Moreover, Google could tailor its filters to disable
unwanted association. For example, the Association of American Law Schools each
year curates an
online database of people looking for law teaching jobs. In the past, the
database tool allowed potential employers to search for minority candidates who
are interested in teaching torts but did not allow searches just for white
candidates. [We were surprised to see that “white-only” searches are now
allowed.] The google filter might analogously let customers search for
businesses that require customer or staff vaccines but remove that option for
businesses with more dangerous policies.
Channeling patrons’ natural desire to consume safely can be
a powerful tool in our efforts to vaccinate. But consumers need ready access to
information to make informed choices. With Google’s help that information can
literally be at our fingertips.