Facebook and abortion data

Hey all, it’s Kurt Wagner in San Francisco. There are still big questions about the role tech companies will play in abortion prosecutions. [View in browser]( [Bloomberg]( Hey all, it’s Kurt Wagner in San Francisco. There are still big questions about the role tech companies will play in abortion prosecutions. But first... Today’s must-reads: • The price of the [Disney+ streaming service]( is going up by 38% • Elon Musk is accusing Twitter of [hiding key witnesses]( • Coinbase is [under SEC scrutiny]( over its crypto-staking programs What happens to abortion data? Earlier this week stories emerged about Facebook’s role in a sad situation in Nebraska: A woman was facing felony abortion charges after investigators [discovered details of her daughter’s pregnancy and its end](through private messages handed over to law enforcement by Facebook owner Meta Platforms Inc. The immediate reaction I saw on Twitter was outright animosity. Reproductive-choice activists have worried for weeks about how tech companies would handle demands for users’ personal data and communications in criminal abortion cases. The US Supreme Court’s reversal of Roe v. Wade in June paved the way for states to set their own restrictions on abortion access, and everything from Google Search histories to private Facebook Messenger chats can conceivably be used as evidence to enforce the new laws. It appeared that Meta was the first technology giant to provide personal account data to authorities investigating a woman over the termination of a pregnancy. The reality, though, is messier. The messages that helped lead to the abortion charges against the Nebraska woman were collected via a search warrant issued to Meta, but that warrant was requested by a detective while seeking evidence for other crimes, related to concealing a death and disposal of a body after her daughter’s pregnancy ended. In looking through Facebook data obtained with that warrant, investigators seem to have stumbled on the messages suggesting the woman helped her daughter seek an abortion. A statement from Meta suggested the same. “Nothing in the valid warrants we received from local law enforcement in early June, prior to the Supreme Court decision, mentioned abortion,” a company spokesman said. So far, the largest online platforms [have declined to say]( how they will respond when police or courts demand data that relates directly to the end of a pregnancy. The discovery of Facebook’s role in this grimly complicated Nebraska prosecution makes it hard to predict much about tech’s role in future abortion-related criminal cases, though it does offer some hints. While Meta wasn’t aware that it was handing over material that could incriminate a woman for an abortion, it also didn’t say whether the company would have acted any differently had it known the potential outcome. Meta, like other companies, follows the laws in the states and countries where it operates, a spokesman confirmed, adding that it fights back against any data requests that are overly broad or not legally sufficient. That also seems to suggest the company would hand over private user data related to an abortion case if legally compelled to do so. It was a reminder that the kind of data that might confirm someone had an abortion is not out of reach of law enforcement. In this case, investigators requested private messages, images, audio and visual messages, and other account info from Meta. That means that even discussing plans for an abortion on some apps could create a trail of evidence that any company would find difficult to keep from turning over if ordered to. Meta is moving all its messaging services toward end-to-end encryption, which would better protect discussions about personal health choices—the company itself wouldn’t have access to the content of such communications. Meta has recommended people use encrypted messaging when talking about sensitive subjects. But encryption also shields the digital conversations of people involved with other types of crime. Though the Nebraska situation is far from clear-cut, it reverberated as one of the first high-profile cases of private user data from a social network playing a role in an abortion-related criminal case. Sadly, we know it won’t be the last. —[Kurt Wagner](mailto:kwagner71@bloomberg.net) The big story The biggest startup in Africa is battling allegations of [financial impropriety and personnel harassment]( as it considers pushing ahead with plans to list the company. What else you need to know India’s central bank released guidelines for digital lending after [complaints started mounting](. Activists have linked a host of suicides to recovery tactics. Elon Musk’s request for $886 million in US subsidies for beaming broadband service to [rural areas via his SpaceX satellites]( was rejected by US regulators. Investor David Sacks tells Bloomberg TV [his subpoena from Twitter]( is “harassment.” Follow Us More from Bloomberg Dig gadgets or video games? [Sign up for Power On]( to get Apple scoops, consumer tech news and more in your inbox on Sundays. [Sign up for Game On]( to go deep inside the video game business, delivered on Fridays. Why not try both? Like getting this newsletter? [Subscribe to Bloomberg.com]( for unlimited access to trusted, data-driven journalism and subscriber-only insights.​​​​​​​ You received this message because you are subscribed to Bloomberg's Fully Charged newsletter. If a friend forwarded you this message, [sign up here]( to get it in your inbox. [Unsubscribe]( [Bloomberg.com]( [Contact Us]( Bloomberg L.P. 731 Lexington Avenue, New York, NY 10022 [Ads Powered By Liveintent]( [Ad Choices](