Ever since the Supreme court overturned Roe v. Wade, it has been easier to prosecute women for abortion. This process has been facilitated by the use of personal data various companies store, which can be used by law enforcement to aid in prosecution.
There have been cases in the past where prosecutors have used online data to prosecute women for abortion. Two such cases are Latice Fisher and Purvi Patel. In Fisher’s case, the police used her search history to prosecute her. In Patel’s case, law enforcement used texts, search history, and emails. This serves to illustrate how much information law enforcement can obtain from the usage of electronic devices. Emma Roth, staff attorney at the National Advocates for Pregnant Women says “[t]here are many, many ways in which law enforcement can find out about somebody’s journey to seek an abortion through digital surveillance.”
Companies, such as fertility apps and fertility trackers (which have some of the most sensitive reproduction information), sell data mainly because it is profitable. India McKinney, director of federal affairs for Electronic Frontier Foundation says “[l]aw enforcement buy information from [data brokers] all the time. It could be used to incriminate us for women and girls who obtain abortions in violation of state laws and it can be used to land people in jail.”
Corynne McSherry, legal director of the Electronic Frontier Foundation, says tech companies need to play a bigger role in protecting reproductive health data. Some tech companies have already started to make changes that would protect people’s privacy. For example, Google announced that it would delete location history of users when they visit an abortion clinic. Additionally, Apple says health data will be concealed when two-factor authentication is used.
Period-tracking apps such as Flo and Natural Cycles have designed an anonymous mode where users will be able to limit the personal information they give to the company. However, legal experts say having an anonymous mode does not necessarily mean that personal data is completely hidden. They say that the only way to ensure full privacy is through a federal law limiting the data companies can store and sell.
This means that the government could play a large role by making laws that protect personal privacy. Privacy is not just about big companies or lawmakers, but rather everyone contributes to the privacy of others.
Even activists have now realized now much an issue data from their devices can be, so they have increased digital protection. They use virtual private networks that minimizes data collection. As the support for women’s rights increases across the country, Debasri Gosh, Nation Network of Abortion Funds managing director says “[w]e want to make sure that [the outpouring support] is directed in a way that really helps people access care, with attention to their safety and privacy.”
Companies’ desire for monetary profits is harmful. Their eagerness to sell data could put people in jail. Some big companies have started to correct this, but it will not be enough to protect personal privacy. In order to achieve full privacy, both the government and local friends must do their part as well. As illustrated with cases in the past, prosecutors now have easy access to an alarmingly large amount of information that could be used against innocent people. Moving forward, first and foremost, everyone should have online privacy in order to protect sensitive pieces of information that only the person themselves should know. Otherwise, this issue could be extended further than abortions. Pretty soon, everyone will be able to find information about anyone.
Sources:
https://s3.amazonaws.com/appforest_uf/f1656875850946x921715788385584600/Police%20used%20texts%2C%20web%20searches%20for%20abortion%20to%20prosecute%20women%20-%20The%20Washington%20Post.pdf
https://www.cbs46.com/2022/07/04/online-health-data-could-be-used-prosecute-abortion-experts-say/
https://www.cnn.com/2022/07/03/us/abortion-help-travel-out-of-state-online-offers/index.html
There have been cases in the past where prosecutors have used online data to prosecute women for abortion. Two such cases are Latice Fisher and Purvi Patel. In Fisher’s case, the police used her search history to prosecute her. In Patel’s case, law enforcement used texts, search history, and emails. This serves to illustrate how much information law enforcement can obtain from the usage of electronic devices. Emma Roth, staff attorney at the National Advocates for Pregnant Women says “[t]here are many, many ways in which law enforcement can find out about somebody’s journey to seek an abortion through digital surveillance.”
Companies, such as fertility apps and fertility trackers (which have some of the most sensitive reproduction information), sell data mainly because it is profitable. India McKinney, director of federal affairs for Electronic Frontier Foundation says “[l]aw enforcement buy information from [data brokers] all the time. It could be used to incriminate us for women and girls who obtain abortions in violation of state laws and it can be used to land people in jail.”
Corynne McSherry, legal director of the Electronic Frontier Foundation, says tech companies need to play a bigger role in protecting reproductive health data. Some tech companies have already started to make changes that would protect people’s privacy. For example, Google announced that it would delete location history of users when they visit an abortion clinic. Additionally, Apple says health data will be concealed when two-factor authentication is used.
Period-tracking apps such as Flo and Natural Cycles have designed an anonymous mode where users will be able to limit the personal information they give to the company. However, legal experts say having an anonymous mode does not necessarily mean that personal data is completely hidden. They say that the only way to ensure full privacy is through a federal law limiting the data companies can store and sell.
This means that the government could play a large role by making laws that protect personal privacy. Privacy is not just about big companies or lawmakers, but rather everyone contributes to the privacy of others.
Even activists have now realized now much an issue data from their devices can be, so they have increased digital protection. They use virtual private networks that minimizes data collection. As the support for women’s rights increases across the country, Debasri Gosh, Nation Network of Abortion Funds managing director says “[w]e want to make sure that [the outpouring support] is directed in a way that really helps people access care, with attention to their safety and privacy.”
Companies’ desire for monetary profits is harmful. Their eagerness to sell data could put people in jail. Some big companies have started to correct this, but it will not be enough to protect personal privacy. In order to achieve full privacy, both the government and local friends must do their part as well. As illustrated with cases in the past, prosecutors now have easy access to an alarmingly large amount of information that could be used against innocent people. Moving forward, first and foremost, everyone should have online privacy in order to protect sensitive pieces of information that only the person themselves should know. Otherwise, this issue could be extended further than abortions. Pretty soon, everyone will be able to find information about anyone.
Sources:
https://s3.amazonaws.com/appforest_uf/f1656875850946x921715788385584600/Police%20used%20texts%2C%20web%20searches%20for%20abortion%20to%20prosecute%20women%20-%20The%20Washington%20Post.pdf
https://www.cbs46.com/2022/07/04/online-health-data-could-be-used-prosecute-abortion-experts-say/
https://www.cnn.com/2022/07/03/us/abortion-help-travel-out-of-state-online-offers/index.html