'When rights are curtailed, it happens very quickly. And when that happens, you need to have all of your privacy and security plans in place already.' How phones could reveal if someone gets an abortion and how to protect your extremely personal data.
A leaked memo has revealed that the Supreme Court plans to overturn the landmark Roe v. Wade decision. If this does occur, so-called trigger laws already passed in 13 states—along with other laws on the way—would immediately prohibit abortions in a large portion of the country. And one of the ways courts could find people to prosecute is to use the data that our phones produce every day.
Such information can be extracted directly from a phone. But doing so legally requires a judge to issue a warrant. And for this, law enforcement officials must show they have probable cause to believe a search is justified. This requirement can deter frivolous searches—but it can also be evaded with relative ease. In particular, privacy activists warn that law enforcement agencies can sidestep the need for a warrant by obtaining much of the same information from private companies.
Such information can be even more revealing when combined with health data. For that reason, some privacy advocates warn against period-tracking apps, which many use to stay on top of their menstrual cycles and track their fertility.
“What this exposes is that the entire tech industry’s business model of vacuuming up essentially as much data as possible, in the hopes that it can be turned into profits, has created this vast attack surface for surveillance and crackdowns on people’s basic rights,” Greer says.
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