The data privacy risks associated with abortion aren’t hypothetical. Cases in Mississippi and Indiana could preview how digital evidence could be used post-Roe.
and data brokers might be used to prove a violation of abortion restrictions, in practice, police and prosecutors have turned to more easily accessible data — gleaned from text messages and search history on phones and computers. These digital records of ordinary lives are sometimes turned over voluntarily or obtained with a warrant, and have provided a gold mine for law enforcement.
If/When/How estimates the number of cases may be much higher, because it is difficult to access court records in many counties throughout the country. Digital evidence played a central role in the case of Purvi Patel, an Indiana woman who the National Advocates for Pregnant Womenwas the first woman in the United States to be charged, convicted and sentenced for “feticide” in ending her own pregnancy.
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