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[software] US abortion bans push states to clamp down on location data trade


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A woman, who drove from Texas to New Mexico for a medical abortion at Alamo Women's Clinic, checks her GPS before making the over 600-mile drive back to Texas, in Albuquerque, New Mexico, U.S., January 11, 2023.  REUTERS/Evelyn Hockstein

What's the context?
From California to Massachusetts, state legislatures want tougher controls on data brokers to protect privacy and prevent abuses

As federal regulation lags, states seek tighter controls
Rise in out-of-states abortion fuels concern over tracking
Tech industry warns against blanket bans on data brokers
With abortion bans elsewhere in the United States forcing women to travel to clinics in her de ella state, Massachusetts lawmaker Kate Lipper-Garabedian wanted to make sure no one could trace their steps by buying their cellphone location data.

Called the Location Shield Act, state proposed legislation by Lipper-Garabedian would be the first in the country to prohibit the sale of cellphone location information to data brokers.

It reflects growing concern among abortion rights advocates that women seeking a termination could be subjected to location data surveillance, whether by law enforcement in states with bans or by anti-abortion campaigners.

"In the absence of national legislation, it's important for the state to lead in this area," Lipper-Garabedian, a Democrat, told Context, adding that she hopes for a vote on her proposed law early next year.

According to September research, Massachusetts has seen a 38% increase in out-of-state abortions since the U.S. Supreme Court ruled in June 2022 to overturn the national right to abortion, prompting numerous states to ban or restrict the procedure.

Massachusetts has state laws that protect access to abortion, allowing the procedure up to 24 weeks of pregnancy.

At the same time, states with totally or highly restrictive bans including Idaho, Texas, Oklahoma and Tennessee have been seeking to outlaw residents from traveling to other states to have abortions.

A case in November highlighted the potential risks for abortion seekers. Media reports said an Idaho woman and her son were charged with kidnapping after police used cellphone data to establish that they had taken his minor girlfriend to another state to obtain an abortion.

Data brokers
The Massachusetts bill reflects broader privacy concerns about the availability of personal information held by data brokers or aggregators, a global industry estimated at about $200 billion a year and comprising thousands of companies.

"This information is incredibly revealing," said Kade Crockford, director of the American Civil Liberties Union's Massachusetts Technology for Liberty Project, which is supporting the Location Shield Act.

"It's pretty much everything about someone's life, ranging from how long they spend in the gym every day... to whether they're having an affair, or if they're seeking treatment for substance-use disorder."

Tech companies say such data is useful for a variety of purposes, including aiding efforts to prevent fraud or money laundering.

But the Massachusetts bill would essentially be a blanket ban on selling cellphone location data, said Chris Mohr, president of the Software & Information Industry Association (SIIA), which represents about 450 companies.

"What's really dangerous is that an overbroad regulation essentially ends up being a proxy war for different policy preferences," he said.

"There are such things as abusive data practices and uses. But what is unhelpful is a debate that takes place around this atmosphere of moral panic and imprecise terms," he added

 

 

https://www.context.news/surveillance/us-abortion-bans-push-states-to-clamp-down-on-location-data-trade

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