The right to abortion enshrined in Roe v. Wade was based on the right to privacy, which is not enumerated in the Constitution, but instead was interpreted to be "penumbral," or implied, by several Amendments to the US Constitution, including the First, Fourth, Fifth, Ninth, and Fourteenth Amendments. The right to privacy on which Roe was founded had been previously asserted by the Supreme Court in Griswold v. Connecticut, which granted married couples the right to use contraception. In the post-Roe landscape, the right to privacy is unclear.
In the digital realm, a variety of security threats now face abortion patients and their supporters. The Digital Defense Fund and the Electronic Frontier Foundation have released guides (linked below) to help people keep their information private.
"Nebraska mother, daughter charged for illegal abortion after police obtain Facebook messages" (ABC News, August 11, 2022)
"AP Explains: Facebook's role in Nebraska abortion case raises post-Roe privacy questions" (Associated Press, August 11, 2022)
"'A uniquely dangerous tool': How Google's data can help states track abortions" (Politico, July 18, 2022)
"Health tech companies are scrambling to close data privacy gaps after abortion ruling" (Stat, July 2, 2022)
"Deleting your period tracker won't protect you" (New York Times, June 30, 2022)
"Antiabortion lawmakers want to block patients from crossing state lines" (Washington Post, June 30, 2022)
"You scheduled an abortion. Planned Parenthood's website could tell Facebook" (Washington Post, June 29, 2022)
"How Dobbs threatens to torpedo privacy rights in the US" (Wired, June 29, 2022)
"Instagram and Facebook remove posts offering abortion pills" (Associated Press, June 27, 2022)
"How period-tracking apps track more than your period" (Rewire News, June 24, 2022)
"Anti-abortion pregnancy centers are collecting troves of data that could be weaponized against women" (Time, June 22, 2022)
