Dobbs Online: Digital Rights as Abortion Rights

Abstract

Dobbs has been called a turning back on the clock for abortion rights and women’s rights. But that is not quite accurate. The Court has decided Dobbs at a time when unprecedented amounts of digital data about us now exist thanks to an enormous surveillance infrastructure. These digital trails we all leave everywhere are ripe for criminal investigation. And those trails may also be useful now that abortion can be a crime. The Supreme Court’s decision in Dobbs doesn’t just spell the loss of control over women’s bodies. Dobbs reminds us of how little control we have over our digital selves, and emphasizes how digital rights are also reproductive rights.

Keywords: abortion, surveillance, internet, criminal law