Apple, Google and other tech giants brace for legal mess of abortion data subpoenas

By Dina Bass and Mark Bergen | Bloomberg

Technology giants including Apple Inc., Microsoft Corp. and Google, facing questions about whether they’d hand over users’ personal data to authorities pursuing evidence on abortion seekers, are bracing for the multi-state legal quagmire that will govern privacy in a post-Roe world.

From map searches to private messages, a trove of information stored in the companies’ data centers could be used as a digital trail of breadcrumbs linking a patient to the termination of a pregnancy, a procedure being restricted in multiple US states, after the Supreme Court overturned Roe v. Wade. The largest tech companies, which have in the past mounted high-profile legal opposition to law enforcement data requests, have been largely silent about what they’ll do in these cases. Consider a hypothetical online search for abortion pills: A woman in Texas searches for “mifepristone” and buys it from a New York pharmacy. Google may have a record of the web search, and the receipt may land in a Microsoft Outlook inbox. Google is based in California and Microsoft in Washington, but digital records of her queries and her inbox may be stored at Google’s data center in New Albany, Ohio, or Microsoft’s in Des Moines, Iowa. If law enforcement officials in Texas seek evidence from Google or Microsoft, a clash of four different sets of state laws and two companies may ensue. It’s a question that could be replicated across a host of different online services and data sources—and involve information that in many states could incriminate not just patients, but their confidants and health-care providers.

“The world has changed in many fundamental ways since 1972—since the pre-Roe world—but one of the most important ways its changed that’s relevant here is we have a digital surveillance apparatus that didn’t exist before,”

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