What the Roe V. Wade Reversal Means for Data Privacy

Jul 26, 2022

5 min



Following the US Supreme Court decision to overturn Roe V Wade on the 26th June 2022, abortion laws are now changing across states on an almost daily basis. The landmark decision and huge signifier for the rights of women in the United States and across the world of 1973, is now nothing but history. In 13 states with “trigger laws”, abortion laws will take immediate effect, with others being implemented about a month after the ruling. While ‘the patchwork of state laws and barrage of court filings mean that for half the country', the legal status of abortion remains ambiguous, a month on, one thing remains certain - concerns regarding tech companies and the protection of user privacy in regards to abortion cases are only growing.


New questions have been raised and existing debates regarding data privacy have been reignited. Debates center on the extent to which tech companies should protect the information of users seeking abortions and the steps that both consumers and companies can take in line with current laws.


While many large corporations, including tech companies Microsoft, Apple, Meta, Disney, Uber, Netflix and Amazon have announced they will provide travel expenses for abortions if they are not available in the state, the role of tech companies in protecting private users' information remains unclear.


What are the concerns?


Location Tracking


On Tuesday May 24th, 42 Democratic lawmakers urged Google SEO Sundar Pirchai to stop collecting and keeping unnecessary or non-aggregated location data which could be used against people seeking abortions. Before the overruling, the lawmakers wrote “if abortion is made illegal…it is inevitable that right-wing prosecutors will obtain legal warrants to hunt down, prosecute and jail women for obtaining critical and reproductive health care.” In comparison to Apple, which has demonstrated that smartphone companies do not need to retain customer location data, Google ‘has created a new digital divide’, which makes ‘privacy and security a luxury’. Ultimately, privacy for Americans who cannot afford an iPhone is at greater risk.


While Google sent a company-wide email stating they would cover out-of-state travel expenses for abortion, they have still made no statement in response to the Democratic lawmaker's request on customer location data since the rollback of Roe V Wade.


Period-Tracking Apps


Alongside concerns about location tracking data with companies such as Google, one of the newer sources of anxiety in terms of data privacy is the use of cycle tracking apps. Since the draft decision was leaked in early May, there have been widespread concerns over the use of period-tracking apps and calls for American women to delete them to avoid their data being used against them in court.


Danielle Citron, Professor of Law at the University of Virginia School of Law expresses her concern that using such tracking apps could help build a legal case against a woman who has had an abortion. She states "you got your period on X date, you missed your period, then let's say, for example, 20 weeks later you got your period again, and that in that time period your location shows that you went to a clinic either in the state or out of the state — that in so many respects is the circumstantial evidence that a prosecutor needs.”


Tech policy researcher Eva Blum-Dumontet tells Insider that if people find period-tracking apps genuinely useful they shouldn’t feel they have to get rid of them ‘because the risk of data being handed to law enforcement is low’. But at the same time, ‘it is not impossible.'


One of the main period tracking apps, Flo, has issued a statement in response to Roe V Wade which reads ‘we will do everything in our power to protect the data and privacy of our users', with an additional feature to existing security measures including “anonymous mode”, which allows users to remove their personal identity from their Flo account. Flo has stated that more clarity will be given in the coming weeks and months.


Limiting Online Discussion of Abortion Pills and Aid


Since the Supreme Court’s verdict, online memes, statuses and posts have exploded, sharing resources and thoughts on the decision. Facebook and Instagram have started removing posts related to abortion pills, following the rise in the discussion of access to them and offers to mail them across the US. Media intelligence firm Zignal Labs records that general mentions of abortion pills, as well as posts mentioning specific versions such as mifepristone and misoprostol, suddenly spiked on Friday morning across Twitter, Facebook, Reddit and TV Broadcasts.


Following the release of a screenshot obtained by the Associated Press of an Instagram post from a woman who offered to buy and send abortion pills through the mail, being taken down within a few minutes by Instagram, AP decided to test out how Meta would respond to a similar post on Facebook. On Monday, the AP reporter wrote “If you send me your address, I will mail you abortion pills.” The post was removed in under one minute. Interestingly, when the AP reporter made the same post but ‘swapped out the words “abortion pills” for “a gun”, the post remained untouched.’


Can past cases inform the future?


While the response of tech companies in protecting public data regarding the concerns raised above is still relatively ambiguous, we can refer to past cases where smartphone data was used as evidence in cases against women.


In 2018, Lattice Fisher was charged with second-degree murder after she experienced a ‘stillbirth at home and a state medical examiner claimed the baby had been born alive and died of asphyxiation, according to Oktibbeha County court records.’ Fisher’s mobile data records allegedly contained a search for “buy abortion pills”, and mifepristone and misoprostol, the two main forms of self-managed abortion medications. Although Fisher got out of jail later in 2018, Laurie Bertram Roberts, co-founder of the Mississippi Reproductive Freedom Fund and the executive director of Yellow Hammer Fund, who had been heavily involved with Fisher’s bail, said that the impact will forever taint Fisher’s life. “Anytime someone Googles her for a job that mugshot with a story of her being indicted for a second-degree murder will always be there.”


In 2015, Purvi Patel was prosecuted in Indiana under the state’s feticide law after she took safe, well-known abortion medication. Prosecutors had claimed that the baby was born alive and did not survive. In this case, Patel’s text messages mentioning the abortion pills were the main evidence used against her. She was sentenced to 20 years in prison, but her conviction was overturned and she was released after serving 18 months. Many people had wondered how the case had happened when abortion was a protected right under the constitution.


With the right to abortion in the US now only marking a historical moment, the role of tech companies in the protection of user data will only become increasingly pivotal in a post-Roe world.




You might also like...

Check out some other posts from ExpertFile

2 min

What is an Open Convention?

In the ever-evolving landscape of American politics, the concept of an open convention stands as a pivotal event that can reshape the trajectory of a presidential election. This topic is particularly newsworthy because it signifies a departure from the traditional, predetermined nominating processes, opening up a dynamic and potentially unpredictable political battleground. Understanding an open convention is crucial for the public as it underscores the democratic principles of debate, decision-making, and party unity, or lack thereof. The implications of an open convention extend to voter engagement, party strategies, and the broader political discourse. Key story angles for journalists could include: Historical Context and Precedents: Exploring past instances of open conventions in American history, their outcomes, and how they have influenced subsequent elections. Mechanics and Process: Detailing how an open convention operates, the rules and procedures involved, and the roles of delegates and party officials. Political Strategy and Maneuvering: Analyzing the strategies employed by candidates and their campaigns during an open convention, including coalition-building, negotiations, and power plays. Impact on Voter Perception: Investigating how an open convention affects public opinion, voter trust, and engagement with the political process. Potential Outcomes and Scenarios: Examining the possible scenarios that can emerge from an open convention, including contested nominations, brokered deals, and unexpected candidacies. Expert Insights and Analysis: Featuring commentary and analysis from political scientists, historians, and party insiders on the significance and implications of an open convention. By focusing on the intricacies and potential ramifications of an open convention, journalists can provide the public with a comprehensive understanding of this critical aspect of the American political system, offering diverse and compelling angles for coverage. Connect with an expert if you need to know more about Open Conventions: To search our full list of experts visit www.expertfile.com Photo credit: PBS Learning Media

2 min

ExpertSpotlight: History of the Ancient Olympics

The Ancient Olympics, originating in Olympia, Greece, over 2,700 years ago, hold profound significance not only as a cornerstone of ancient Greek culture but also as a foundation for the modern Olympic Games. This topic matters to the public because it provides insights into the origins of organized sports, the cultural values of ancient civilizations, and the historical continuity that connects past traditions to contemporary global events. Understanding the history of the Ancient Olympics offers a unique perspective on the evolution of sportsmanship, competition, and international unity. Key story angles for journalists could include: Origins and Cultural Significance: Exploring the roots of the Ancient Olympics, their role in Greek society, and the religious and cultural rituals that accompanied the games. Athletic Events and Competitors: Delving into the various sports and athletic competitions that were part of the Ancient Olympics, and highlighting notable athletes and their achievements. Political and Social Impact: Investigating how the Ancient Olympics influenced political dynamics and social structures within ancient Greece, including the games' role in fostering unity and diplomacy among city-states. Religious and Mythological Connections: Examining the religious significance of the games, including their dedication to Zeus and the mythological stories associated with Olympia and the origins of the games. Legacy and Evolution: Analyzing how the traditions and values of the Ancient Olympics have shaped the modern Olympic movement, including the continuity and changes over millennia. Archaeological Discoveries: Reporting on recent archaeological findings and research that shed new light on the Ancient Olympics, including discoveries of artifacts, structures, and inscriptions. By focusing on the history of the Ancient Olympics, journalists can provide the public with a richer understanding of how these early games laid the groundwork for modern sporting events, offering diverse and compelling angles for coverage. Connect with an expert about the History of the Ancient Olympics: To search our full list of experts visit www.expertfile.com Photo credit: Chris Karidis

2 min

ExpertSpotlight: The History of the Modern Olympics

The modern Olympics, a revival of the ancient Greek tradition, have become a global phenomenon that transcends sports, uniting countries in a celebration of athleticism, competition, and international camaraderie. This topic is newsworthy not only for its rich historical context but also for its profound impact on global culture, politics, and society. The Olympics provide a unique lens through which to examine issues of national identity, geopolitical dynamics, and the pursuit of excellence. Key story angles for journalists could include: Origins and Evolution: Exploring the revival of the Olympics in 1896 by Pierre de Coubertin, and how the games have evolved over time, including significant milestones and historical events. Economic Impact: Analyzing the financial implications of hosting the Olympics, including the costs, benefits, and long-term economic impact on host cities and countries. Political Influence: Investigating the intersection of the Olympics and politics, including instances where the games have been used as a platform for political statements, boycotts, and international diplomacy. Cultural Significance: Examining how the Olympics promote cultural exchange and understanding, highlighting the role of the games in showcasing the traditions and achievements of participating nations. Technological Advancements: Assessing the impact of technological innovations on the Olympics, from advancements in sports science and athlete training to improvements in broadcasting and viewer engagement. Social Issues: Exploring the social dimensions of the Olympics, such as gender equality, inclusivity, and the representation of minority groups, as well as the efforts to address doping and maintain the integrity of competition. By focusing on the history of the modern Olympics, journalists can provide the public with a deeper understanding of how this international event has shaped and been shaped by broader historical and contemporary trends, offering rich and diverse angles for coverage. Connect with an expert about the History of the Modern Olympics: To search our full list of experts visit www.expertfile.com Photo credit: Luca Dugaro

View all posts