Op-Ed: Facebook helped police with an abortion investigation in Nebraska. That's troubling news everywhere (via latimesopinion)
A new report found that many of the apps tested had vague, boilerplate language about sharing data with law enforcement., it promises to “conduct a careful review of each law enforcement request to disclose user data for consistency with international human rights standards.” That standard should guide reviews whether or not the request specifies “abortion.
that criminalizing abortion violates human rights — including the rights to sexual and reproductive health, privacy, and freedom from cruel, inhuman or degrading treatment or punishment — Facebook’s own guidelines recommend a different response than they gave in the Nebraska case.of local law enforcement serving the warrant.
Particularly with police making this request more than a month after the Dobbs opinion was leaked, laying the groundwork for harsher criminalization of abortion nationwide, the messages’ contents should have been enough to alert the company that the end of a teenager’s pregnancy was being investigated. Readily handing over this private information does not demonstrate a careful review or regard for human rights standards.
When Facebook and other tech companies receive a warrant, they must look beyond the specific statute being investigated and determine whether the allegations include criminalization for conduct that is protected by international human rights standards. The affidavit supporting the, for example, specifies that law enforcement was looking into whether the baby was stillborn or asphyxiated, making clear a teen’s pregnancy was under investigation.
Online platforms are well aware that law enforcements’ demands often come in camouflage and so won’t outright state a mission to thwart bodily autonomy. It’s critical for big tech to exercise close scrutiny in these cases because the statutes invoked in a warrant and supporting materials won’t necessarily be abortion laws. Organizations such as National Advocates for Pregnant Women, IfWhenHow and the National Assn.
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