For example, in states that make it a crime to help an abortion-seeker, data from women's period-tracking or pregnancy apps could end up being subpoenaed as evidence against the person who helped them.
ABC News Chief White House Correspondent Cecilia Vega explains how the Supreme Court's decision to overturn Roe could affect other civil rights issues, like marriage between same-sex couples and in vitro fertilization.
Groups promoting digital rights and reproductive freedoms are now warning people in states that criminalize providing access to abortions to safeguard their digital footprints when seeking abortion information and resources online and sharing tips for how to do so. Although a number of states, including Texas, prohibit receiving medication abortions through telehealth, that does not necessarily stop online pharmacies and services in other countries, such as the European-based Aid Access, from mailing the medications to people in those states.
"As long as abortion and abortion-seeking related conduct is what is criminalized, all of that information can be totally fair game," Conti-Cook told CNN Business. She added that law enforcement has the forensic tools at their disposal to view virtually everything a person does on their device - but only once the device is in their possession. Unless voluntarily handed over, a phone and all its data typically cannot be accessed without a search warrant.
Law enforcement could also use so-called geofence warrants, which request from internet companies a list of devices within a certain boundary at a certain time. Such warrants are gaining popularity as a law enforcement tool for various alleged crimes - the number of geofence warrants submitted to Google by US police departments rose from 982 in 2018 to 11,554 in 2020, according to the company's latest transparency report.
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