Cybertraps Podcast

- News Item -- On June 24, 2022, the U.S. Supreme Court handed down its decision in Dobbs v. Jackson Women's Health Organization. - The Court expressly overruled Roe v. Wade (1973) and Planned Parenthood v. Casey (1992) - Each state is now able to adopt its own laws regarding the practice of abortion - Overview - An important reminder: Roe was a privacy case - The Court was trying to balance three separate constitutional principles - A woman's right to privacy - The State's interest in protecting the health of a pregnant person - The State's interest in protecting the life of a viable fetus - Roe was an extension of two earlier privacy cases: Griswold v. Connecticut (1965), which established a federal "right to privacy" with respect to a married woman's ability to obtain contraceptives from her doctor, and Eisenstadt v. Baird (1972), which extended that same right to unmarried women. - How Might Cybertraps Arise? - Suspicious Circumstances - It is often difficult to tell the different between a spontaneous miscarriage and a self-medicated abortion - Approximately 30% of all pregnancies end in a spontaneous miscarriage - Criminal Investigations - Abortion is now banned in six states - Alabama - Arkansas - Mississippi - Missouri - Oklahoma - South Dakota - It is a crime to perform abortions and in most states, to "aid and abet" someone having an abortion - The Health Insurance Portability and Accountability Act (HIPAA) does not prevent a doctor or medical organization reporting personal health data if they think a crime has been committed - Family Educational Rights & Privacy Act (FERPA) is very similar in this regard. - If someone reports that an abortion has occurred, local law enforcement or a local prosecutor could initiate a criminal investigation - Law enforcement can: - subpoena data from online account - conduct forensic exams of digital equipment - Civil litigation - A handful of states, led by Texas, have created systems that deputize enforcement to private citizens - Under that scheme, an individual located anywhere in the country can file a lawsuit alleging that another person performed an illegal abortion or aided and abetted a person in obtaining one - If the lawsuit is successful (by "a preponderance of the evidence"), the defendant can be ordered to pay a minimum of $10,000 as well as costs and attorneys fees - All of the usual civil litigation rules apply, including discovery of relevant evidence (apps, browser history, social media, cell phone records, etc.) - Risks for Educators - Social media posts that are contrary to state law - Requests for advice from students - What Data Is Collected? - Cybertraps for Expecting Moms & Dads - Erratic protection of personal data across the country - Communications - Email - Messaging - Health Care Data - Health Care Providers - Employers - Financial Records - Bank accounts - Credit cards - Online payment apps (Paypal, Stripe, etc.) - Browsers and Search Engines - Social Media - Selfie-incrimination - Tagging - Apps - Fertility - Health, General - Smartwatches - Can pinpoint the start of pregnancy from biometric information - Geolocation - Cellphone tower pings - Apps - Location tracking (Foursquare) - Geo-announcements (Twitter) - Location tracking by Google Maps, Waze, or iMaps - Governmental Tracking Tools - License plate readers - Biometrics - Other Looming Constitutional Issues - The Right to Travel - Some states are considering laws that would prohibit their citizens from traveling out-of-state for abortions - Criminal enforcement would be difficult (although surveillance tools are growing increasingly powerful) - Civil enforcement presents many fewer constitutional questions - Free Speech/Freedom of the Press - Some state legislators have also expressed interest in trying to prohibit web sites from publishing certain information about abortion (self-medication, availability of out-of-state services, etc.) within their states - As a practical matter, it's challenging to block such content (VPNs, TOR browers, etc.) - Such efforts would call into question the fundamental structure of the internet - Resources - #2022-07-20 Data privacy, abortion limits set to collide post-Roe [https://rollcall.com/2022/07/20/data-privacy-abortion-limits-set-to-collide-post-roe/](https://rollcall.com/2022/07/20/data-privacy-abortion-limits-set-to-collide-post-roe/) - #2022-07-13 In a Post-Roe World, the Future of Digital Privacy Looks Even Grimmer [https://www.nytimes.com/2022/07/13/technology/personaltech/abortion-privacy-roe-surveillance.html](https://www.nytimes.com/2022/07/13/technology/personaltech/abortion-privacy-roe-surveillance.html) - #2022-07-08 How to protect your privacy in a post-Roe America [https://mashable.com/article/how-to-protect-online-privacy-post-roe-abortion](https://mashable.com/article/how-to-protect-online-privacy-post-roe-abortion) - #2022-07-08 Protecting digital privacy post-Roe [https://whyy.org/episodes/protecting-digital-privacy-post-roe/](https://whyy.org/episodes/protecting-digital-privacy-post-roe/) - #2022-07-06 How online searches and texts can put you at risk in a post-Roe world, and how to protect yourself - #2022-07-02 Data privacy concerns make the post-Roe era uncharted territory [https://www.npr.org/2022/07/02/1109565803/data-privacy-abortion-roe-apps](https://www.npr.org/2022/07/02/1109565803/data-privacy-abortion-roe-apps) - #2022-06-30 Deleting Your Period Tracker Won’t Protect You [https://www.nytimes.com/2022/06/30/technology/period-tracker-privacy-abortion.html](https://www.nytimes.com/2022/06/30/technology/period-tracker-privacy-abortion.html) - #2022-06-29 The future of privacy rights in a post-Roe world [https://www.axios.com/2022/06/29/privacy-right-roe-v-wade-dobbs-v-jackson-online-data](https://www.axios.com/2022/06/29/privacy-right-roe-v-wade-dobbs-v-jackson-online-data) - #2022-06-28 Why some fear that big tech data could become a tool for abortion surveillance [https://www.pbs.org/newshour/economy/why-some-fear-that-big-tech-data-could-become-a-tool-for-abortion-surveillance](https://www.pbs.org/newshour/economy/why-some-fear-that-big-tech-data-could-become-a-tool-for-abortion-surveillance) - #2022-06-27 The Biggest Privacy Risks in Post-Roe America [https://www.theverge.com/23185081/abortion-data-privacy-roe-v-wade-dobbs-surveillance-period-tracking](https://www.theverge.com/23185081/abortion-data-privacy-roe-v-wade-dobbs-surveillance-period-tracking) - #2022-06-24 What police could find out about your illegal abortion [https://www.vox.com/recode/23059057/privacy-abortion-phone-data-roe](https://www.vox.com/recode/23059057/privacy-abortion-phone-data-roe)

Show Notes

- News Item -- On June 24, 2022, the U.S. Supreme Court handed down its decision in Dobbs v. Jackson Women's Health Organization. - The Court expressly overruled Roe v. Wade (1973) and Planned Parenthood v. Casey (1992) - Each state is now able to adopt its own laws regarding the practice of abortion - Overview - An important reminder: Roe was a privacy case - The Court was trying to balance three separate constitutional principles - A woman's right to privacy - The State's interest in protecting the health of a pregnant person - The State's interest in protecting the life of a viable fetus - Roe was an extension of two earlier privacy cases: Griswold v. Connecticut (1965), which established a federal "right to privacy" with respect to a married woman's ability to obtain contraceptives from her doctor, and Eisenstadt v. Baird (1972), which extended that same right to unmarried women. - How Might Cybertraps Arise? - Suspicious Circumstances - It is often difficult to tell the different between a spontaneous miscarriage and a self-medicated abortion - Approximately 30% of all pregnancies end in a spontaneous miscarriage - Criminal Investigations - Abortion is now banned in six states - Alabama - Arkansas - Mississippi - Missouri - Oklahoma - South Dakota - It is a crime to perform abortions and in most states, to "aid and abet" someone having an abortion - The Health Insurance Portability and Accountability Act (HIPAA) does not prevent a doctor or medical organization reporting personal health data if they think a crime has been committed - Family Educational Rights & Privacy Act (FERPA) is very similar in this regard. - If someone reports that an abortion has occurred, local law enforcement or a local prosecutor could initiate a criminal investigation - Law enforcement can: - subpoena data from online account - conduct forensic exams of digital equipment - Civil litigation - A handful of states, led by Texas, have created systems that deputize enforcement to private citizens - Under that scheme, an individual located anywhere in the country can file a lawsuit alleging that another person performed an illegal abortion or aided and abetted a person in obtaining one - If the lawsuit is successful (by "a preponderance of the evidence"), the defendant can be ordered to pay a minimum of $10,000 as well as costs and attorneys fees - All of the usual civil litigation rules apply, including discovery of relevant evidence (apps, browser history, social media, cell phone records, etc.) - Risks for Educators - Social media posts that are contrary to state law - Requests for advice from students - What Data Is Collected? - Cybertraps for Expecting Moms & Dads - Erratic protection of personal data across the country - Communications - Email - Messaging - Health Care Data - Health Care Providers - Employers - Financial Records - Bank accounts - Credit cards - Online payment apps (Paypal, Stripe, etc.) - Browsers and Search Engines - Social Media - Selfie-incrimination - Tagging - Apps - Fertility - Health, General - Smartwatches - Can pinpoint the start of pregnancy from biometric information - Geolocation - Cellphone tower pings - Apps - Location tracking (Foursquare) - Geo-announcements (Twitter) - Location tracking by Google Maps, Waze, or iMaps - Governmental Tracking Tools - License plate readers - Biometrics - Other Looming Constitutional Issues - The Right to Travel - Some states are considering laws that would prohibit their citizens from traveling out-of-state for abortions - Criminal enforcement would be difficult (although surveillance tools are growing increasingly powerful) - Civil enforcement presents many fewer constitutional questions - Free Speech/Freedom of the Press - Some state legislators have also expressed interest in trying to prohibit web sites from publishing certain information about abortion (self-medication, availability of out-of-state services, etc.) within their states - As a practical matter, it's challenging to block such content (VPNs, TOR browers, etc.) - Such efforts would call into question the fundamental structure of the internet - Resources - #2022-07-20 Data privacy, abortion limits set to collide post-Roe [https://rollcall.com/2022/07/20/data-privacy-abortion-limits-set-to-collide-post-roe/](https://rollcall.com/2022/07/20/data-privacy-abortion-limits-set-to-collide-post-roe/) - #2022-07-13 In a Post-Roe World, the Future of Digital Privacy Looks Even Grimmer [https://www.nytimes.com/2022/07/13/technology/personaltech/abortion-privacy-roe-surveillance.html](https://www.nytimes.com/2022/07/13/technology/personaltech/abortion-privacy-roe-surveillance.html) - #2022-07-08 How to protect your privacy in a post-Roe America [https://mashable.com/article/how-to-protect-online-privacy-post-roe-abortion](https://mashable.com/article/how-to-protect-online-privacy-post-roe-abortion) - #2022-07-08 Protecting digital privacy post-Roe [https://whyy.org/episodes/protecting-digital-privacy-post-roe/](https://whyy.org/episodes/protecting-digital-privacy-post-roe/) - #2022-07-06 How online searches and texts can put you at risk in a post-Roe world, and how to protect yourself - #2022-07-02 Data privacy concerns make the post-Roe era uncharted territory [https://www.npr.org/2022/07/02/1109565803/data-privacy-abortion-roe-apps](https://www.npr.org/2022/07/02/1109565803/data-privacy-abortion-roe-apps) - #2022-06-30 Deleting Your Period Tracker Won’t Protect You [https://www.nytimes.com/2022/06/30/technology/period-tracker-privacy-abortion.html](https://www.nytimes.com/2022/06/30/technology/period-tracker-privacy-abortion.html) - #2022-06-29 The future of privacy rights in a post-Roe world [https://www.axios.com/2022/06/29/privacy-right-roe-v-wade-dobbs-v-jackson-online-data](https://www.axios.com/2022/06/29/privacy-right-roe-v-wade-dobbs-v-jackson-online-data) - #2022-06-28 Why some fear that big tech data could become a tool for abortion surveillance [https://www.pbs.org/newshour/economy/why-some-fear-that-big-tech-data-could-become-a-tool-for-abortion-surveillance](https://www.pbs.org/newshour/economy/why-some-fear-that-big-tech-data-could-become-a-tool-for-abortion-surveillance) - #2022-06-27 The Biggest Privacy Risks in Post-Roe America [https://www.theverge.com/23185081/abortion-data-privacy-roe-v-wade-dobbs-surveillance-period-tracking](https://www.theverge.com/23185081/abortion-data-privacy-roe-v-wade-dobbs-surveillance-period-tracking) - #2022-06-24 What police could find out about your illegal abortion [https://www.vox.com/recode/23059057/privacy-abortion-phone-data-roe](https://www.vox.com/recode/23059057/privacy-abortion-phone-data-roe)
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What is Cybertraps Podcast?

We explore the risks arising from the use and misuse of digital devices and electronic communication tools. We interview experts in the fields of cybersafety, cybersecurity, privacy, parenting, and technology and share the wisdom of these experts with you!