A new report reveals that individuals seeking abortion or gender-affirming care outside of their home state are facing increased surveillance and potential criminalization by law enforcement and state officials. This comes after concerns were raised about the tracking and prosecution of pregnant people seeking care following the Supreme Court’s decision to overturn federal abortion access in Roe v. Wade in 2022. Instances have already occurred where a person’s digital activity has been used to identify and criminalize abortion, such as a recent case in Nebraska where a mother was sentenced to prison for aiding her daughter in self-managing an abortion.
The report, conducted by the Surveillance Technology Oversight Project (S.T.O.P.), highlights how state officials and law enforcement are utilizing new data sources to track individuals traveling out of state for abortion or gender-affirming care. These data sources include vehicle information from private car or rideshare apps, flight records, and automatic license plate readers. The report examines different modes of transportation and accommodation used for interstate travel and assesses the information trail and vulnerability to profiling associated with each.
Certain methods of travel, like rideshare apps or e-scooters, create more digital data points and are considered riskier compared to public transportation options like buses or subways. Additionally, staying in hotels or motels does not afford anonymity, as many hotels share guest information with third-party data brokers that can be accessed by law enforcement. Staying in private homes is considered a lower-risk option.
The report emphasizes that while individuals can take steps to minimize surveillance risks, it is ultimately the responsibility of policymakers to address and resolve this issue. The report also warns that even privileged communities that have historically been immune to profiling may now be impacted due to the political climate surrounding access to abortion and gender-affirming care.
The report also highlights the current surveillance practices targeting pregnant people and trans individuals seeking care. Third-party data brokers have been selling data sets related to clinic traffic and expectant parents to retailers, raising concerns about the potential use of similar data tracking for people seeking gender-affirming care. Conservative states have also been creating data registries on trans individuals seeking care.
In conclusion, the report urges for stronger protections against surveillance and calls attention to the broader implications for privacy and freedom. It emphasizes the need for federal laws to safeguard individuals seeking abortion or gender-affirming care, given the dangers posed by state surveillance.