Since the Supreme Court’s June 24 ruling on Roe v. Wade allowing states to institute bans on abortion, concerns have resurfaced about how digital evidence can be used to prosecute women suspected of getting an abortion.
For example, in 2017 in Mississippi, there was the case of Lattice Fisher, who was charged with second-degree murder. After voluntarily surrendering her phone to the police, investigators combed through her search history, finding evidence that she had searched for information on abortion pills. While there was no credible evidence suggesting she took the pills, court records said she “apparently” bought them. Her search history allowed prosecutors to charge her for “killing an infant child.”
While many people are concerned about data collected in period-trackers and other similar apps, evidence has shown that police and prosecutors have relied on text messages and search histories taken from devices. With how much technology is integrated in our daily lives, massive amounts of data are collected, which can be tracked through simple digital surveillance.
According to If/When/How, a reproductive justice nonprofit, during the 2000-2021 period, there were over 60 cases of women being investigated, arrested, or charged for ending their own pregnancy or helping someone else do so.
In another case, digital evidence sentenced Purvi Patel, an Indiana woman, to 20 years behind bars in 2015 under their feticide law. Prosecutors included, as evidence in the case, texts she sent to a friend outside of the state and search history showing her visiting a website related to abortion. She was released after her conviction was overturned by the Indiana Court of Appeals.
Digital privacy has become a focal point after the overturning of Roe v. Wade. Calls for action have pushed some companies to implement measures such as the deletion of a person’s location history, especially when someone visits and abortion clinic. Governments should also move to protect privacy, as in many cases regarding abortions, health workers and friends are forced to provide evidence.
As Corynne McSherry, the legal director of the Electronic Frontier Foundation, puts it, “Privacy is a team sport — when you take steps to protect your own privacy, you also take steps to protect the community.”
Links to Articles: https://s3.amazonaws.com/appforest_uf/f1656875850946x921715788385584600/Police%20used%20texts%2C%20web%20searches%20for%20abortion%20to%20prosecute%20women%20-%20The%20Washington%20Post.pdf
https://en.wikipedia.org/wiki/Roe_v._Wade
https://www.washingtonpost.com/technology/2022/05/07/period-tracking-privacy/
https://www.ifwhenhow.org/about/who-we-are/
https://apnews.com/article/611e479ad60541f5b6ea82513bb7e279
For example, in 2017 in Mississippi, there was the case of Lattice Fisher, who was charged with second-degree murder. After voluntarily surrendering her phone to the police, investigators combed through her search history, finding evidence that she had searched for information on abortion pills. While there was no credible evidence suggesting she took the pills, court records said she “apparently” bought them. Her search history allowed prosecutors to charge her for “killing an infant child.”
While many people are concerned about data collected in period-trackers and other similar apps, evidence has shown that police and prosecutors have relied on text messages and search histories taken from devices. With how much technology is integrated in our daily lives, massive amounts of data are collected, which can be tracked through simple digital surveillance.
According to If/When/How, a reproductive justice nonprofit, during the 2000-2021 period, there were over 60 cases of women being investigated, arrested, or charged for ending their own pregnancy or helping someone else do so.
In another case, digital evidence sentenced Purvi Patel, an Indiana woman, to 20 years behind bars in 2015 under their feticide law. Prosecutors included, as evidence in the case, texts she sent to a friend outside of the state and search history showing her visiting a website related to abortion. She was released after her conviction was overturned by the Indiana Court of Appeals.
Digital privacy has become a focal point after the overturning of Roe v. Wade. Calls for action have pushed some companies to implement measures such as the deletion of a person’s location history, especially when someone visits and abortion clinic. Governments should also move to protect privacy, as in many cases regarding abortions, health workers and friends are forced to provide evidence.
As Corynne McSherry, the legal director of the Electronic Frontier Foundation, puts it, “Privacy is a team sport — when you take steps to protect your own privacy, you also take steps to protect the community.”
Links to Articles: https://s3.amazonaws.com/appforest_uf/f1656875850946x921715788385584600/Police%20used%20texts%2C%20web%20searches%20for%20abortion%20to%20prosecute%20women%20-%20The%20Washington%20Post.pdf
https://en.wikipedia.org/wiki/Roe_v._Wade
https://www.washingtonpost.com/technology/2022/05/07/period-tracking-privacy/
https://www.ifwhenhow.org/about/who-we-are/
https://apnews.com/article/611e479ad60541f5b6ea82513bb7e279
