cross-posted from: https://lemmy.ml/post/1874605
A 17-year-old from Nebraska and her mother are facing criminal charges including performing an illegal abortion and concealing a dead body after police obtained the pair’s private chat history from Facebook, court documents published by Motherboard show.
“Why should I care about my privacy? I don’t do anything illegal.”
Hmm? Do we now acknowledge that laws and public perceptions of your actions can change with time, and that you may one day become a “criminal” for continuing behaviors that were once legal?
To preempt the “but it should just be legal” whataboutists: Of course it should just be legal, but “criminal charges” suggests that it isn’t, and privacy helps you not get caught. Furthermore, this issue contains but is not limited to abortion. It’s time that “normal” people wake the fuck up and get on board with privacy rights.
Just as an FYI, since it seems like a lot of folks are just reading the headline and not reading the article:
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This article was written almost one year ago, so this is not a new development.
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This alleged offense occurred before any changes to local abortion laws (Nebraska in this case) were made, meaning this is an incident that would have still been illegal under Roe.
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Meta was served a legal subpoena requiring them to turn over all the data they had. Whether that data should have been E2E encrypted is another debate entirely, but they didn’t voluntarily disclose anything.
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The charges were pressed as felonies, meaning that they were considered illegal at the federal level, and so state jurisdiction did not matter for the purposes of this subpoena. -
Even under California’s current sanctuary status (where Meta is headquartered) which protects out-of-state individuals seeking abortions, this was a late-term abortion at 28 weeks, which is still illegal under Californian law.
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To contextualize that for our friends in Europe, this would have been illegal in every EU country, too (short of it being needed as a life-saving intervention, as in most of the US), so this is not a US-exclusive problem.
While this is a mostly great post, I’d point out one error:
The charges were pressed as felonies, meaning that they were considered illegal at the federal level
Felonies exist at both the Federal and State level. Just because something is a felony, does not mean it moves to Federal jurisdiction. And this case appears to have been filed in the Madison County District Court which is part of the Nebraska Judicial Branch. The cases themselves can be found on the District Court’s Calendar though you have to put the details in yourself. The cases IDs are CR220000175 and CR220000132 against the woman and her mother respectively. Getting the court documents themselves appears to require paying a fee to do the search and I don’t care enough about a random comment on the internet to pay for it.
There seems to be one document uploaded here which shows the charges against the woman. And this shows the sections of Nebraska State law under which the woman is being charged. Of the three charges, only the first is a felony. Specifically it’s a Class IV felony under Section 28-1301 of Nebraska State Law. And that law concerns moving buried human remains. The other two charges are misdemeanors for concealing the death of another person and lying to a peace officer.
tl;dr - Felonies exist at both the State and Federal level and jurisdiction is dependent on which laws (State or Federal) are at issue.
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For all of those saying Facebook was just complying with the law- there is absolutely no reason for Facebook to have access to its users’ private information. The company I work for can’t do anything with a customer’s account unless they give us the password. We can’t see anything they have saved there. All of the private stuff they have is private and even if a court ordered us to show it to them, we literally couldn’t comply.
We’re a small company and we can do it. A company the size of Meta can certainly do it.
You can do it because you’re a small company. Get enough attention, and the FBI will force you to decrypt on demand. They’ve done it before and the supreme court backed them up. Do it over seas and expect your US traffic to get blocked, if they don’t raid your offices.
WhatsApp, Signal and Telegram don’t have that issue.
Signal yes, WhatsApp yes but not the meta data, telegram only if explicitly set to encrypted otherwise no.
That is untrue. The FBI tried to get Apple to decrypt a shooter’s iPhone in Florida a few years back and they wouldn’t budge.
This isn’t quite right…
Apple didn’t have the means to decrypt the information, but it was within their ability to do (by writing code to do so.)
But asking a company for the unencrypted data, and forcing a company to produce a new application, are completely different things.
I don’t particularly like Facebook but…
If a country makes it legal to criminally prosecute girls who seek an abortion, and the same country makes it legal to allow police enforcement to demand tech companies to handover their data, maybe the problem is the country and its laws, more than Facebook.
You’re not wrong, but Facebook made no effort to fight the issue and simply handed over data they never should have.
I really don’t blame Facebook for not jumping into the abortion debate and martyring themselves. If people don’t like the abortion law, or the law that compels facebook to give this information to law enforcement, they need to make that known by voting for representatives that feel the same. Facebook taking a fat lawsuit to the face isn’t what’s going to change things there - it’s women realizing it could happen to them, it’s men realizing it could happen to their wife/girlfriend/daughter.
Why should they make an effort to break the laws of countries they do business in? If they don’t like the laws, they shouldn’t do business there.
I’m pretty sure self-aborting and burying a stillborn baby is against the law regardless of the status of Roe.
This is 100% true, but also this is less of a Facebook bad issue and more of a state law issue.
Facebook was subpoenaed to provide this info, they didn’t willingly hand it over. I’d be interested to see how many lemmings here jumping down the meta bad rabbithole would have the stones to ignore a subpoena lmao.
Well it could have been end to end encrypted leaving no way to turn anything over. It’s like turning over someones mail after it has been delivered because you made a copy of everything that came through.
Or, and I know Meta would find this absurd, but maybe don’t collect that data to begin with?!
How… do you think messaging platforms work?
How’s that end-to-end encryption working out?
Doesn’t matter if the company doing the e2e can get your messages.
but fb messenger is not e2e encrypted at all. If the company is doing e2e then they can’t read your messages
It is if you enable secret messages for a conversation, I believe, but not the default chat mode. In either case people should use other apps.
but only on mobile apps afaik. So if you use it, be careful
This is true, FB messenger is as open as it will get with seeing your messages, WhatsApp is dubious too so either Signal or Session are best e2e messenger apps imo.
I have never heard of them, are they social media apps?
The two apps I’ve mentioned are exclusively messenger apps. Think of Facebooks messenger but more secure with no big company servers looking at your chat and messages.
“Company follows laws in the country it operates in.” More at 11.
For the love of gods everyone please delete FB now
Wish I could. My family uses messenger :(
So does mine, I deleted it anyway. You’ve got their phone numbers for texting and calling.
Family group chat so it isn’t that easy. On the other hand I never open Facebook so 🤷
It still data mines on your phone even when you don’t open it
Lol i told my family and friends if they want to talk to me they have to install signal. Those that want to talk to me did and those that don’t didn’t. Problem solved.
I can’t, the facebook installer is baked into my phone’s bootloader
I hate that phone so much
Oof yeah I feel that. After my last phone broke I finally was able to get a Google Pixel at a good price and then put GrapheneOS on it. No more spyware
I have never heard of GrapheneOS. Is it doable on a Realmi phone?
It is only available on Google Pixel
You could maybe look at LineageOS
And what’s lineageOS now…I have never done custom OS on an Android and I only have one phone. If I can do it without messing up I would love to try
