This is not a drill.

The nightmare scenario for personal privacy in a world where women are stripped of their reproductive rights is coming to pass:

Meta, Google, other tech companies are providing police with evidence to help prosecute women who seek or perform abortions

https://www.businessinsider.com/police-getting-help-social-media-to-prosecute-people-seeking-abortions-2023-2

Facebook, Google give police data to prosecute abortion seekers

Social-media sites are inundated with police requests for user data and may cooperate even if not legally required to, one legal expert told Insider.

Business Insider

@mimsical This is not a great article and the headline is egregious. The need to make every article boil down to "tech companies bad" obfuscates the core issue and therefore the potential responses..

The real, but less clickworthy headline would be "Prosecutors and judges are using the law to go after women getting abortions".

Tech companies can't just "turn over" data, they have to comply with ECPA/SCA, which requires a signed warrant* for content.

*Offer does not apply to FAA702

@mimsical All of these examples seem to be utilizing targeted search warrants aimed at individual women and signed by a judge. State search warrants often do not have affidavits or potentially charged crimes attached, so to the companies there is no good way to tell if this is an abortion-related investigation.

The companies are bound by state and federal law to respond to search warrants. They can fight and give notice, but in the end that is the law.

@mimsical If the companies declined to answer a search warrant, the judge could issue an arrest warrant for the tech co lawyer or another corporate officer.

The article implies that tech companies can just decide to not turn over data, and that is incorrect. What can be done?

1) The companies can be more aggressive with notification, although it's pretty standard for warrants to come with gag orders in lots of cases.

2) They can try to fight more warrants, but which ones is the hard part.

@alex All of this makes sense! I appreciate you sharing this level of detail.