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Legal experts and experts debated the use of data from pregnancy monitoring applications in courtrooms after the Dobbs v. Jackson Women’s Health Organization at the Harvard Law School abortion and digital rights group on Tuesday.
Alejandra L. Caraballo, Clinical Professor at Harvard Law School, who teaches at the school’s Cyberlaw Clinic, moderated a panel of technology and legal experts who discussed the history of criminalizing abortion. and results from online medical data.
Cynthia Conti-Cook, a human rights lawyer who works as a Technology Fellow at the Ford Foundation, said that considering the recent years in which third parties like Facebook Messenger have access to many data, individuals should carefully consider how and to what extent their personal information is shared online.
“This is something we all need to start paying attention to, not just to protect ourselves and our privacy and reproductive health, but for different reasons – to protect the ones we love, and care how we get sick and how we want to be treated by health professionals,” Conti-Cook said.
Yveka Pierre, Senior Group Counsel for the nonprofit If/When/How: Lawyers for Development, explained how data from menstrual cycle tracking apps can be used in court cases. Instead of monitoring all users, prosecutors are more likely to build their case using data from the tracking app after a woman accuses her of having an illegal abortion, Pierre said.
“The way it might be used is: your phone, your laptop, your tablet, whatever – then someone can access that app and say, ‘Look Judge, she knew she was pregnant. because she took her last period to that date – that’s why she knew she was pregnant, and we can go ahead and sue for that,’” he said.
Commentator Kate Bertash of the Harvard Law School Cyberlaw Clinic said that “just knowing the footprints that occur can help us do things differently.”
Pierre said the Hyde Amendment — a law after Roe v. Wade, before Dobbs, has banned the use of federal funds to cover abortion services — an example of ignoring socially and economically vulnerable women that fosters abortion. ignorance of previous abortion access restrictions.
“There’s a part of us that wants to explore what it’s like to love a white woman in her 30s with her blonde daughter or her blonde daughter in these ads,” Pierre said of abortion rights after Roe was overturned in June. “It’s not people who are more likely to commit crimes.”
Harvard Law School director Emily R. Neill, who attended the panel, said the conference confirmed the need to re-evaluate the images of those who violate anti-abortion laws.
Neill said the recent public outcry “ignores a long history of entrapment and entrapment for women of color.”
Bertash said the coalition could provide protection for those seeking family health care access and those providing services.
“When you’re pregnant and giving birth there’s a time when you really police yourself,” she said. “All these people, if we unite ourselves and demand specifically for these platforms, as well as policy makers, then we have a chance to have an impact.”
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