Digital Privacy Post-Roe: A How-To Guide By Madeline Nellis

In the wake of Roe vs. Wade being overturned, we must make sure our bodily autonomy is protected as much as possible. Digital surveillance, and understanding what is being tracked, is increasingly important as states have banned abortions and pregnant people turn to out-of-state options. The following is a guide to digital privacy post-Roe. Know your tools, and obstacles, and how they work.

Step 1: DON’T use period tracking apps. DO use a calendar to track menstruation.

Menstruation apps store data that a user inputs in order to predict when the user will get their period as well as ovulation dates and to show the user where they are in their cycle. Records of having a period, missing a period, sexual activity, and other things such as mood swings and menstruation symptoms can be tracked within the apps. This can be evidence that can make or break a criminal case.

Data that is streamed through third-party systems can be subjected to warrants if a user is being accused of illegally terminating a pregnancy. The apps themselves can be subjected to data demands if their information is not legally protected. Post Roe is a world with a new legal environment. Data gathered by apps such as smoking and alcohol intake could also find its way into the courtroom depending on how criminality is defined for healthcare providers and patients (Planned Parenthood Federation of America Inc.) We must proceed with the utmost precaution.

Calendar tracking can be a useful tool to predict menstruation, when one is fertile, and when it is safe to have sex. When starting to calendar track you should follow your cycle for at least six cycles by marking the first day of each period on the calendar. The total number of days between marks, from the first day of one period to the first day of the next, is the length of your cycle.

To keep track of your fertile days you first need to detect the shortest cycle you have in your record. Then you subtract 18 from the total number of days in the cycle, count that number from day 1 of your current cycle, and that day is your first fertile day. In order to find your last fertile day, find the longest cycle in your records. Then you subtract 11 from the total number of days in the longest cycle, and count that number from day 1 of your current cycle, marking that as your last fertile day (What’s the calendar method of FAMs?). (What’sthecalendarmethodofFAMs?)

Of course, calendar tracking is not 100% accurate and you should always use other preventative measures if you are not trying to become pregnant, but it provides the same information an app would supply.

Step 2: Know the weaknesses in your defenses: VPN, encryption, private browser

There are a few different measures you can take to browse the web in a saferless trackable way. You must know how to use them and their weaknesses- what is protected and what is not.

VPN stands for virtual private network. They protect browsing information from internet service providers. When using VPNs, your device connects to the VPN servers and internet connection. While they limit service providers from tracking and recording your data, they do not disguise device location from cellular networks.

Encryption scrambles messages when sent so that they are indecipherable when passing through application servers. Messaging apps like apple message and whatsapp use encryption. Although these messages are difficult for law enforcement to decode, they can gain access with a court order through the application.

Private Browsers search the internet in private mode- stopping devices from making records of web searches/visits. Private Browsers do not hide browsing data from internet providers (NYT.) Overall, when searching the internet, a VPN is your best option, as long as you are in a location that does not need to be concealed (Singer).

Step 3: Leave your phone at home.

You cannot escape digital surveillance. Every piece of technology can be a way for law enforcement to gain data. In the event that you need an abortion, and are able to get to a clinic that can perform one, you should leave your phone at home. Keep it turned on so that local cell towers track its location and there is no trace of you leaving your residence.

References

Osborne, C (n d ) Period tracking apps are no longer safe delete them ZDNET Retrieved February 23, 2023, from https://www zdnet com/article/period-tracking-apps-are-no-longer-safe-delete-them/

Planned Parenthood Federation of America Inc. (n.d.). What is the calendar method?: Fertility Calendar Info. Planned Parenthood. Retrieved February 23, 2023, from https://www plannedparenthood org/learn/birth-control/fertility-awareness/whats-calendar-methodfams#: :text=You%20can%20do%20this%20with,first%20days%20of%20each%20period

Singer, N., & Chen, B. X. (2022, July 13). In a post-roe world, the future of Digital Privacy Looks Even Grimmer. The New York Times. Retrieved February 23, 2023, from https://www nytimes com/2022/07/13/technology/personaltech/abortion-privacy-roe-surveillance html