In a recent legal development, a woman from Nebraska has entered a guilty plea for assisting her 17-year-old daughter in obtaining a medication abortion last year. The case centers around Facebook’s decision to provide authorities with private messages exchanged between the mother and daughter, where they discussed the termination of the pregnancy.
Facebook – Role in Abortion Prosecution
Big Tech companies can utilize this case as a notable example to prosecute abortion-related cases in the United States. Following the Supreme Court’s 2022 decision to overturn Roe v. Wade, the landmark ruling that legalized abortion, experts have expressed concerns about the use of various digital data, such as location data, search histories, emails, text messages, and even period- and ovulation-tracking apps, in prosecuting individuals seeking an abortion and those assisting them.
Facebook – Response and Disclosure of Private Messages
Despite the possibility for Meta, the parent company of Facebook, to challenge the legal order to hand over the private messages to the police, as they sometimes do on various grounds, the company chose not to do so. The private messages exchanged on Facebook Messenger revealed discussions between the mother and daughter about terminating the pregnancy and destroying evidence, including instructions on how to use abortion pills. This evidence directly led law enforcement to obtain a search warrant.
Police Raid and Seizure of Digital Devices
Following the discovery of the private messages, the police conducted a raid on the family’s residence, seizing six smartphones and seven laptops. The seized devices contained approximately 24 gigabytes of data, including internet history and emails. Law enforcement obtained this evidence as part of a criminal investigation related to the case of a stillborn baby who was burned and buried, rather than solely focusing on the decision to have an abortion.
Meta’s Response and Legal Warrants
At the time of reporting, Meta had not responded to TechCrunch regarding the case. However, the company previously issued a statement emphasizing that the valid warrants they received from local law enforcement in early June, prior to the Supreme Court decision, did not explicitly mention abortion. The warrants pertained to charges related to a criminal investigation concerning the case of a stillborn baby.
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