A new report reveals that patients who seek abortion or gender-affirming care out of state are facing increased threats of surveillance and criminalization from law enforcement and state officials. This is particularly concerning after the Supreme Court’s decision in Roe v. Wade in 2022, which has led to a loss of federal abortion access. Recent cases have shown how individuals’ digital footprints have been used to identify and prosecute abortion-related activities. For example, a Nebraska mother was sentenced to prison after her Facebook messages revealed that she assisted her daughter in self-managing an abortion. In California, license plate data was shared with authorities in states where abortion is banned, potentially aiding in tracking abortion-seekers.
The report, conducted by the Surveillance Technology Oversight Project (S.T.O.P.), highlights how state officials and law enforcement can utilize various data points to track patients seeking abortion or gender-affirming care in other states. Traditional methods, such as accessing cell phone data, have now been supplemented with data from private car or rideshare apps, flight records, and automatic license plate readers. The report analyzes different modes of transportation and accommodation commonly used for cross-state travel, investigating the information trail left behind and the vulnerability to profiling.
The findings show that certain methods, like using rideshare apps or e-scooters, create a greater risk and generate more digital data points compared to taking a bus or subway. Additionally, it is nearly impossible to stay anonymous when staying in hotels or motels, as they often share personal information with third-party data brokers who can be accessed by law enforcement. Therefore, individuals seeking care are advised to consider alternative options, such as staying in private homes, to reduce the risk of surveillance.
However, it is important to note that while individuals can take steps to mitigate surveillance risks, it is ultimately the responsibility of policymakers to address this issue. The report emphasizes that the current landscape puts everyone at risk, regardless of their background or privileges. The report argues that politically motivated profiling is not limited to historically marginalized communities but can impact privileged communities as well, given the fractured access to medical care across states.
The post-Roe era has made it increasingly challenging for people living in states where abortion or gender-affirming care is restricted to receive necessary care without fear of criminalization. Some states have even introduced legislation to allow murder charges for abortion-seeking individuals or those who assist them. The implications of these restrictions are already being felt, as demonstrated by recent arrests and charges related to ending pregnancies or having stillbirths. Families of transgender youth also face potential retaliation, as officials argue that affirming a child’s gender is child abuse. The report emphasizes that individuals traveling across state lines for vital care are not safe due to access to location data through data brokers.
The report points out that surveillance practices involving medical care are not new. Data brokers have long sold data sets related to clinic traffic or expectant parents to retailers. However, the same data tracking could be used against individuals seeking gender-affirming care and their families. Conservative states have created data registries for trans people seeking care, raising concerns about increased tracking. Despite certain states having laws in place to block digital surveillance, the report suggests that the current “patchwork” solution is insufficient to protect out-of-state travelers.
The report aims to raise awareness about the dangers of unchecked data tracking, emphasizing that it not only impacts pregnant and trans individuals but also compromises privacy and freedom for everyone. It calls for federal laws to protect individuals seeking gender-affirming care or abortion care and urges Americans to recognize the broader risks of state surveillance in the post-Roe era.
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