While people consider deleting period tracking apps and worry about interstate travel restrictions, most pregnancy-related criminalizations start in a much simpler way: with a report from a health care provider.
A young woman and her mother are nervously driving through the night when they’re pulled over by law enforcement. Flashlights in their faces, the women are questioned about whether they’re heading for the border and whether the young woman might be pregnant, before being pulled out of the car.
More than 1,700 people have faced criminal charges over pregnancy outcomes since 1973, according to NAPW. Like a woman charged with murder for a "self-induced abortion" in Starr County earlier this year, many pregnant people who get caught up in the criminal justice system are reported to law enforcement by health care workers. Like a woman in Mississippi who was charged with murder after a stillbirth, many people willingly turn over digital records that are used to incriminate them.
Getting an illegal abortion looks very different in 2022 than it did in 1972: Many people who would have turned to surgical abortions can now have pills discreetly mailed to their homes. There are international nonprofits that have publicly flouted state and federal regulations for years to provide these medications to people in states that restrict abortion access.
"We know that prosecutors are going to try to criminally punish people, irrespective of what the law says," said Farah Diaz-Tello, senior counsel at If/When/How, a reproductive justice legal nonprofit, in an interview last month. "For us to be able to resist this criminalization, it is important to note that it is unlawful criminalization. Merely being an act of a prosecutor doesn’t mean that it’s the law.
And Texas’ abortion laws do not bring only criminal penalties. The trigger law, which goes into effect later this summer to coincide with the overturning of Roe v. Wade, also has civil penalties of at least $100,000 per abortion, and under a law commonly referred to as Senate Bill 8, anyone who "aids or abets" in a prohibited abortion can be sued for up to $10,000 by any private citizen.
In the wake of the Supreme Court ruling in Dobbs v. Jackson Women’s Health Organization, the U.S. Department of Health and Human Services issued guidance clarifying providers’ obligation under HIPAA, stressing the importance of "giving individuals confidence that their protected health information … including information relating to abortion and other sexual and reproductive health care, will be kept private.
This digital footprint trails behind each of us, documenting where we go, what we search, who we text and call, and with services like period tracking apps, when we menstruate — or don’t menstruate. "Period trackers are not the primary form of digital evidence likely to be used in abortion prosecutions today," said Kendra Albert, a lawyer with the Cyberlaw Clinic at Harvard Law School, in a Medium post. "If tracking your period is useful to you, you don’t need to stop tracking your period, although you may choose to switch to an app that collects less data and stores it locally.
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Lawyers preparing for abortion prosecutions warn about health care, data privacyWhile people consider deleting period tracking apps and worry about interstate travel restrictions, most pregnancy-related criminalizations start in a much simpler way: with a report from a health care provider. kprc kprc2 click2houston roevwade
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Lawyers preparing for abortion prosecutions warn about health care, data privacyWhile people consider deleting period tracking apps and worry about interstate travel restrictions, most pregnancy-related criminalizations start in a much simpler way: with a report from a health care provider.
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