Is Big Tech big on Women's Rights?

Data from women's period-tracking apps could end up as evidence. (Image from Tarik Kizilkaya/iStock via Getty Images)

Last week, the Supreme Court struck down Roe v. Wade, the 50-year-old ruling that guaranteed a person's constitutional right to terminate a pregnancy before viability. Overturning the landmark 1973 court ruling is expected to transform not only the landscape of reproductive health in America, but also Big Tech’s role in the post-Roe world.   

Even before the ruling, concerns about digital privacy implications of abortion restrictions were on the rise. The world is a completely different place now than in the pre-Roe era because of the pervasiveness of technology. Today, people share an enormous amount of data about themselves—whether they realize it or not—opening the door to significant surveillance. 

Privacy has always been an issue with tech companies, and these companies are now trying to quickly figure out how to safeguard people’s privacy and how to protect their own workers in states where abortion will be banned, while also facing legal ramifications. But isn’t this something they should have been doing even before Roe v. Wade?

Data at risk

In some of the most restrictive states, digital rights experts warn that people's search histories, location data, messages and other digital information could be used by law enforcement agencies investigating or prosecuting abortion-related cases.

Private information collected and retained by tech companies could be weaponized to prosecute both abortion seekers and providers.

Tech companies may be asked to snitch on users who (try to) obtain abortions, and even some who may come under suspicion when they lose pregnancies. The new landscape kicks off perhaps the most complicated political balancing act the companies have ever faced.

For instance, in states that make it a crime to help an abortion-seeker, data from women's period-tracking or pregnancy apps could end up being subpoenaed as evidence against the person who helped them, said Danielle Citron, a law professor at the University of Virginia and author of the forthcoming book "The Fight for Privacy." "Let's say you got your period, stopped your period and then got your period again in a short time," Citron said. "It's [potential] evidence of your own criminality, or your doctor's criminality."

In fact, such data has already been used to prosecute people for miscarriages and pregnancy termination in states with strict abortion laws, including one case in which a woman’s online search for abortion pills was brought against her in court. This kind of legal response will now become more widespread, said Imran Ahmed, chief executive officer of advocacy group the Center for Countering Digital Hate.

Tech companies, which generally comply with legal information demands, could suddenly find themselves helping states investigate people who seek or facilitate abortions. 

“These companies need to think very long and hard about the ways in which their platforms will be weaponized to criminalize people looking to access abortion healthcare, and they need to ensure that it doesn’t happen,” he said.

Despite these growing calls, no major tech companies have made public statements on how they will handle such data and respond to related law enforcement requests moving forward. 

Really now, how can Big Tech make a firm stand when they’ve already been using private data for advertising purposes and possibly even more (Read: Facebook’s Meta Pixel).

Is Big Tech taking a stand?

Many major tech companies responded when the SCOTUS opinion was initially leaked, implementing increased health care and travel benefits. Some, however, stayed silent. 

Yelp was one of the first to announce that it would cover expenses for employees and their dependents who need to travel out-of-state for abortion access. 

In a memo from Google’s chief people officer Fiona Cicconi, the company confirmed that employees can apply to relocate “without justification,” allowing those in states where abortion is outlawed to move to states where it’s legal.

Netflix said it offers employees and their dependents up to $10,000 in travel reimbursement for cancer treatment, transplants, gender affirming care, or abortion through its plan, while Warner Bros. Discovery said it has expanded its healthcare benefits to cover employees who must go to other states to access abortion and reproductive care. In a memo, the company’s chief people and culture officer, Adria Alpert Romm, wrote, “our number one priority is the wellbeing, health, and safety of our employees.”

Tesla, Apple, Match Group, and Bumble have similar policies. Amazon announced it would pay up to $4,000 in travel expenses for procedures including abortions.

Meanwhile, Meta doesn’t want its employees to talk about abortion at work. They even got to a point where messages violating this policy are being completely removed from team chats.

Big Tech taking care of its people is definitely something to laud, especially when they’re sincere about it. But the bigger issue—and it always has been—is data privacy. Now that your very own data can be used as a weapon against you, what are tech companies going to do about it?