Roe Is Gone. Your Search History Isn’t.

In a world where your iPhone knows more about your body than your doctor, your digital footprint could be used against you. How secure is your data in a post-Roe America?

When the United States Supreme Court drop-kicked Roe v. Wade into oblivion, it hurled digital natives headfirst into a totalitarian clusterfuck. The new normal: when your iPhone knows more about your uterus than your doctor, your search history could land you in handcuffs.

The digital breadcrumbs we leave behind—our searches, our app usage, our location data—have suddenly taken on a heavier significance. What was once a matter of targeted advertising and user experience optimization has become potential evidence in courtroom persecutions against bodily autonomy.

So just how secure is the data we entrust to our devices?

What responsibilities do tech companies bear in protecting our most intimate information?

And how do we balance the promise of technology with the preservation of our fundamental rights?

The Data Trail We Leave Behind

You open your smartphone and tap on a familiar icon—a period tracking app. You input your most recent menstrual dates, your mood, possibly even your sexual activity. Perhaps you note some pregnancy symptoms you’ve been monitoring. What you might not realize is that with each tap, you’re creating a detailed digital dossier of your reproductive health. And it can be used against you.

According to a 2019 Kaiser Family Foundation survey, nearly one-third of women in the United States use a period-tracking app. These apps, along with other health-tracking tools, collect a staggering amount of intimate data: menstrual cycles, sexual activity, pregnancy symptoms, and more.

But the trail doesn't end there. Our digital footprints extend to our search histories ("Where can I get Plan B?"), our location data (visits to Planned Parenthood or other clinics), and our purchasing habits (pregnancy tests bought online). Each of these digital traces, innocuous on their own, can be pieced together to form a comprehensive picture of an individual's reproductive choices.

The scope of this data collection is enormous. A 2022 study found that 87% of popular women's health apps shared user data with third parties. And frequently, this sharing is buried in the fine print of privacy policies that few users read and even fewer fully grok.

The Long Arm of the Law in a Post-Roe World

In the aftermath of Roe's reversal, this wealth of data has taken on new significance. As Cynthia Conti-Cook, a civil rights attorney, puts it, "The digital trail that we leave behind us is a new target for law enforcement investigations."

According to the Guttmacher Institute, 26 U.S. states have multiple abortion bans ready to enact post-Roe. Each of these states has its own fucked up, fetishistic nuances in terms of what is prohibited and how those prohibitions might be enforced.

It’s a patchwork of ill-conceived laws creating a legal minefield. A person’s period tracking data in one state might be protected information; in another, it could be subpoenaed as evidence. A Google search for abortion pills might be benign in California but incriminating in Texas.

Existing privacy protections offer limited shelter. HIPAA, the primary federal law governing health information privacy, applies only to certain entities like healthcare providers and insurers. It doesn't cover the vast majority of health apps or search engines that collect reproductive health data. In short - it doesn’t protect fucking anyone.

The Ethical Tightrope of Tech Companies

In this new reality, tech companies are walking a precarious ethical tightrope. On one side - their commitment to user privacy and trust. On the other - the pressure to comply with law enforcement requests and subpoenas.

Some companies have taken proactive steps. Google, for instance, announced in 2022 that it would delete location data for visits to medical facilities, including abortion clinics. But critics argue this doesn't go far enough. As Evan Greer of digital rights group Fight for the Future states, "Tech companies need to step up and make it crystal clear that they will not be complicit in the criminalization of abortion."

Tech companies have to choose between their business interests and user rights, navigate varying (and sometimes conflicting) state laws, and make complex decisions about data retention and sharing. And if there’s one thing a decade and a half in tech has taught me, it’s that tech companies at scale have very little capacity for moral fucking fortitude.

One thing is clear: transparency is key. Users need accessible privacy policies and robust consent mechanisms. They need to understand not just what data is being collected, but how it might be used or shared. And which sweating, putrid politicians might get their hands on it.

Technical Solutions: Jus Digital Condoms for Data?

Technologists and privacy advocates are proposing a range of technical solutions. I don’t want to stretch the friendship, but you can go ahead and think of these as digital condoms—protective measures designed to prevent unwanted data "pregnancies." Do I get a Pulitzer for this shit yet?

Enhanced encryption is one solution. End-to-end encryption for health data would ensure that even if data is intercepted or subpoenaed, it remains unreadable without the user's key.

Data minimization is another. By collecting only essential data and limiting retention periods, companies can reduce the risk of sensitive information falling into the wrong hands. It's the digital version of "leave no trace" camping—if the data doesn't exist, it can't be used against you.

Local storage options offer another layer of protection. By keeping sensitive data on users' devices rather than cloud servers, companies can limit their own access to user information and, by extension, limit what they can be compelled to share with authorities.

But too much of this puts the onus on the companies behind the platforms. And without an imperative that goes beyond mere plebeian “morality” they have little incentive to take action.

The Ripple Effect: Privacy Beyond Reproductive Rights

Let's be crystal clear: this shit doesn't stop at pregnancy and abortion. The precedent being set here is a ticking time bomb for digital privacy and civil liberties across the board. It's the legal equivalent of a universal skeleton key, and once that door is unlocked, every aspect of our digital lives is up for grabs.

The specter of digital surveillance is poisoning the health care system at its roots. When people fear their search history could become a smoking gun, they'll think twice before Googling symptoms or using health apps. This isn't just self-censorship; it's self-sabotage on a societal scale. The ripple effects are staggering: delayed diagnoses, untreated conditions, and a population too scared to take charge of their own health. Make no mistake—this digital paranoia is a public health crisis in the making, and it will cost lives and cripple healthcare infrastructure for generations to come.

The floodgates are opening. Using digital data to prosecute abortion cases goes beyond reproductive rights—it's the thin edge of a terrifying wedge.

William O. Douglas put it bluntly: "We are rapidly entering the age of no privacy, where everyone is open to surveillance at all times; where there are no secrets from government."

This isn't hyperbole. It's not a glimpse into a future. We’re talking about 2024, where demagogues and religious fanatics want to turn your search history into a weapon, your digital footprint the noose that hangs you.

There is a growing and urgent need for comprehensive federal privacy legislation. While various bills have been proposed, none have yet made it into law. Simply put - it’s that simple. It’s just not that simple.

Navigating the New Normal

We can no longer afford to be passive consumers of technology. We have to be active, informed participants in shaping how our data is collected, used, and protected. We have to demand transparency from tech companies and accountability from our lawmakers. Lives and freedoms - beyond Twitter, beyond TikTok - depend on it.

Our online actions have offline consequences, and nowhere is this more evident than when it comes to reproductive autonomy.

Privacy is not just a right—it's a form of power. And in the post-Roe world, it's a power can afford to give up without a fight.