While individuals can use VPNs and other privacy tricks, « the burden should not just be on users, » the Centre of Democracy and Technology (CDT) said.
It was exactly one year ago today when the US Supreme Court signed off a dramatic decision to overturn the right to abortion protected by Roe vs Wade.
Now, 12 months later, millions of Americans are at risk of persecution to undergo or enable such a practice. About 14 states—including Texas, Alabama, and West Virginia—ban abortion altogether, with a few exceptions. Strict restrictions are also in place in states like Florida, Idaho, and Nebraska. Abortion is a legal option (up to 23 to 25 weeks) for women living in only 27 states.
The information women share online, especially their private reproductive data, are the primary source feeding abortion-based investigations. Plus, while individuals might be able to use VPN services and other tools to boost their privacy online, digital rights groups like the Centre of Democracy and Technology (CDT) are working hard to ensure the burden isn’t left only on users. The issue – the state of US abortion surveillance
« After the Dobbs decision finally came down, CDT quickly realized just how much tech issues were going to be at stake in the implementation of that decision and in the course of people’s daily lives, » said Alexandra Givens, President, and CEO at CDT.
People persecuted upon data collected online are nothing new. Yet, the climate enforced across many US states following last year’s June 24 events brought the risks of government surveillance to a new level.
A couple of incidents linked to the reach of today’s abortion surveillance practices have already made headlines. Less than two months after Roe vs Wade fell, police persecuted a woman in Nebraska for having helped their daughter seek an abortion by accessing their Facebook private communications.
This Spring in Texas, an ex-husband sued his wife’s friends who helped her get abortion information and medication. Again, private text messages exchanged between them were used as evidence.
In the past, doctors were the ones most likely to report illegal pregnancy termination practices. Now, a « push for deterrence and punishment is going to be a much more common method of enforcing these bans as opposed to the preventative side and person-to-person interactions, » said Jake Laperruque, Deputy Director of CDT Security and Surveillance project.The solution – what companies should do
« In the post-Doobs era, companies must play a more active role in protecting their consumers and users’ private information, » said Andrew Crawford, Senior Counsel with the CDT’s Data and Privacy.
To help businesses facing these new uncertain times around health privacy and prevent being dragged deeper into the political debate, Crawford put together the Data After Doobs report with the best practices to follow.
