In 2020, Robert Kuciemba, a woodworker in San Francisco was infected with covid by a co-worker after his Nevada-based Victory Woodworks transferred a number of sick workers to the San Francisco site for a few months.
Through the proceedings of the case it turns out that the employer knew some employees might be sick but they transferred them anyway and ignored a San Francisco ordinance in place at the time to quarantine suspected covid cases.
Kuciemba was subsequently infected and he then infected his wife, who ended up in ICU on a ventilator.
The California Supreme Court just ruled against Kuciemba on the basis that a victory, while, in the court's words, "morally" the right thing to do, would create "dire financial consequences for employers" and cause a "dramatic expansion of liability" to stop the spread of covid.
There’s a few stunning details to note in this case. First, the court agreed that there is no doubt the company had ignored the San Francisco health ordinance. In other words, they accepted the company had broken the law. And then concluded “yeah, but, capitalism.”
Secondly, the case was so obviously important to the struggle between capitalism and mass infection that the US Chamber of Commerce, the largest business lobbying organisation got involved and helped the company with its defence. Remember, this is a tiny company in a niche industry. The involvement of the biggest business lobbyists in the country tells us a lot about the importance of the principle they knew was at stake.
Thirdly, the defence of the company is very telling. They said “There is simply no limit to how wide the net will be cast: the wife who claims her husband caught COVID-19 from the supermarket checker, the husband who claims his wife caught it while visiting an elder care home."
Well, exactly. Capitalism couldn’t survive if employers were liable for covid infections contracted in the workplace, and the ripple effect of those infections. And they know it.
This case is something of a covid smoking gun, revealing what we always suspected but had never seen confirmed in so many words: the public health imperative of controlling a pandemic virus by making employers liable for some of that control is, and always must be, secondary to capitalist profit.
This ruling is also saying out loud what has been obvious to anyone paying attention for the last two years: employers don’t have a responsibility to keep your family safe from covid. You have that responsibility. And if you give a family member covid that you caught at work and they get sick or die – even if it was a result of law-breaking by your employer – that’s on you buddy.
It is the same old capitalist story: the shunting of responsibility for ills that should be shared across society, including employers in that society, onto individuals.
This ruling essentially helps codify workplace mass infection and justifies it as necessary for the smooth functioning of capitalism.
This is not new. This is where the ‘just a cold’ and the ‘mild' narrative came from. It came from doctors and healthcare experts whose first loyalty was to capitalism. Not to public health. To money, not to lives. Abetted by media who uncritically platformed them.
While this ruling tells us little that we couldn’t already see from the public policy approach of the last two years, it is revealing (and to some extent validating) to see it confirmed by the highest law of the land in the United States.
KOKOBOT - The Airbnb-Owned Tech Startup - Data Mining Tumblr Users' Mental Health Crises for "Content"
I got this message from a bot, and honestly? If I was a bit younger and not such a jaded bitch with a career in tech, I might have given it an honest try. I spent plenty of time in a tough situation without access to any mental health resources as a teen, and would have been sucked right in.
Chatting right from your phone, and being connected with people who can help you? Sounds nice. Especially if you believe the testimonials they spam you with (tw suicide / self harm mention in below images)
But I was getting a weird feeling, so I went to read the legalese.
I couldn't even get through the fine-print it asked me to read and agree to, without it spamming the hell out of me. Almost like they expect people to just hit Yes? But I'm glad I stopped to read, because:
- What you say on there won't be confidential. (And for context, I tried it out and the things people were looking for help with? I didn't even feel comfortable sharing here as examples, it was all so deeply personal and painful)
- Also, what you say on there? Is now...
- Koko's intellectual property - giving them the right to use it in any way they see fit, including
- Publicly performing or displaying your "content" (also known as your mental health crisis) in any media format and in any media channel without limitation
- Do this indefinitely after you end your account with them
- Sell / share this "content" with other businesses
- Any harm you come to using Koko? That's on you.
- And Koko won't take responsibility for anything someone says to you on there (which is bleak when people are using it to spread Christianity to people in crisis)
I was curious about their business model. They're a venture-capitol based tech startup, owned by Airbnb, the famous mental health professionals with a focus on ethical business practices./s They're also begging for donations despite having already been given 2.5 million dollars in research funding. (If you want a deep dive on why people throw crazy money at tech startups, see my other post here)
They also use the data they gather from users to conduct research and publish papers. I didn't find them too interesting - other than as a good case study of "People tend to find what they are financially incentivized to find". Predictably, Koko found that Kokobot was beneficial to its users.
So yeah, being a dumbass with too much curiosity, I decided to use the Airbnb-owned Data-Mining Mental Health Chatline anyway. And if you thought it was dangerous sounding from the disclaimers? Somehow it got worse.
(trigger warning / discussions of child abuse / sexual abuse / suicide / violence below the cut - please don't read if you're not in a good place to hear about negligence around pretty horrific topics.)
Kokobot is incredibly predatory and exploitative. I wrote a post about how it exploits minors' empathy and gamifies "giving mental health advice", resulting in an unregulated mess that can only do harm to teens' mental health in the long run.
There are young people on tumblr that actively seek support from KokoBot right now, if you check the tag for recent posts. Those people did not get paid to promote it, so do not harrass them. If you can, direct them towards resources about Kokobot (like this post) that are more transparent about what this company is up to.
This... is DEEPLY DISTURBING.
SIGNAL.
BOOST.




























