Wyden: Data Broker Used Abortion Clinic Visitor Location Data To Help Send Targeted Misinformation To Vulnerable Women

from the the-warning-siren-can't-get-any-louder dept

Every few weeks for the last 20 years there’s been a massive scandal involving some company, telecom, data broker, or app maker over-collecting your detailed personal location data, failing to secure it, then selling access to that information to any nitwit with a nickel. And despite the added risks this creates in the post-Roe authoritarian era, Congress refuses to pass a real privacy law or rein in reckless data brokers.

The latest case in point: Senator Ron Wyden sent a letter to the SEC and FTC this week urging them to investigate and punish a data broker that collected the sensitive location data of more than 600 visitors to abortion clinics. A Wyden staff investigation found the broker then turned around and sold that data to an anti-abortion group that used it to send “targeted misinformation” to vulnerable women:

“As a result of the Dobbs decision, which reversed Roe v. Wade and allowed states to criminalize abortion, privacy of location data has become increasingly important. Wyden began investigating a data broker named Near Intelligence in 2023, after the Wall Street Journal reported that an anti-abortion organization named The Veritas Society used cell phone location data shared with online advertising companies to target misinformation about reproductive health to people who visited Planned Parenthood locations in Wisconsin.” 

The full letter has more detail.

Shortly after Roe fell, privacy activists and a handful of senators warned very clearly how our longstanding refusal to regulate data brokers would result in sensitive behavior and location data being weaponized by extremists, activists and state prosecutors seeking to punish women (and those that help them).

Reporters made it clear how it was easy and cheap to buy granular location data on abortion clinic visitors with little discernment as to who was buying the data and what was being done with it.

The congressional response was to do jack shit, outside of trying to distract everybody with some performative and myopic whining about TikTok.

Wyden is once again (justly) warning regulators and his colleagues in Congress that the hour is getting late when it comes to getting ahead of this obvious problem:

“If a data broker could track Americans’ cell phones to help extremists target misinformation to people at hundreds of Planned Parenthood locations across the United States, a right-wing prosecutor could use that same information to put women in jail,” Wyden said. “Federal watchdogs should hold the data broker accountable for abusing Americans’ private information. And Congress needs to step up as soon as possible to ensure extremist politicians can’t buy this kind of sensitive data without a warrant.”

We’ve long noted that the federal government refuses to regulate data brokers or pass a federal internet-era privacy law for two reasons. One: corrupt politicians clearly believe making gobs of money is more important than market health or public safety. Two: the federal government exploits this corrupt dysfunction to purchase this data and avoid having to get traditional warrants.

The FTC under Lina Khan has been doing some good work in cracking down on a handful of data brokers, but the agency lacks the staff or resources to truly tackle the problem at the scale it’s operating at. It’s essential for Congress to act by passing a privacy law and regulating data brokers, but corruption (fueled by lobbying by numerous industries with near-bottomless budgets) prevents it from happening.

Yet when the press covers this whole mess (the Politico story on Wyden’s letter is a perfect example) they neither ask nor answer why the federal government has spent the better part of two decades tripping over its own ass. There’s no mention of corruption, or the government being utterly incompetent when it comes to doing even the bare minimum. The problem simply exists, utterly free of causation.

So we’ve somehow normalized the dysfunction and entered this holding pattern waiting for a privacy scandal so grotesque and harmful (potentially even fatal) that a corrupt Congress is forced to finally shake off its apathy and pass meaningful reforms. I’m not excited to see what this disaster actually looks like.

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Companies: near intelligence, planned parenthood, the veritas society

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Comments on “Wyden: Data Broker Used Abortion Clinic Visitor Location Data To Help Send Targeted Misinformation To Vulnerable Women”

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That One Guy (profile) says:

In addition to highlighting a horrific problem stories like this also serve to make crystal clear that the manufactured hysteria over the threat social media provides is just that, fake.

When the politicians freaking out about social media and how it’s such a dire threat to privacy can’t even be bothered to admit that data brokers exist and are buying and selling highly private data that shows you that the whole ‘Social media is the height of evil’ is nothing but bad faith fearmongering rather than any honest concern over privacy.

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Benjamin Jay Barber says:

Re: Karl Bode is a Lair

The real reason why nobody has passed such “privacy” legislation, is that its nothing more than a content based restriction of speech, not limited to the traditional confines of the first amendment.

https://www.oyez.org/cases/1975/74-895
Yes. In a 7-to-1 opinion, the Court held that the First Amendment protects willing speakers and willing listeners equally. The Court noted that in cases of commercial speech, such as price advertising, freedom of speech protections apply just as they would to noncommercial speech. Even speech that is sold for profit, or involves financial solicitations, is protected. The Court concluded that although the Virginia State Board of Pharmacy has a legitimate interest in preserving professionalism among its members, it may not do so at the expense of public knowledge about lawful competitive pricing terms.

Btw, what is the “targeted misinformation” my senator is talking about? You can find the Wisconsin Right to Life youtube channel, and its all just emotional guilt tripping videos, and of course Wyden didn’t explain what / why its misinformation, and he seems to be the primary source of the claim.

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Anonymous Coward says:

Re: Re:

You don’t understand legal case-texts at all, do you?

Let’s add what the quoted decision was all about:

Is a statutory ban on advertising prescription drug prices by licensed pharmacists a violation of “commercial speech” under the First Amendment?

Lets look at the decision itself, especially the first sentence laying out the affected parties in generic terms:

Yes. In a 7-to-1 opinion, the Court held that the First Amendment protects willing speakers and willing listeners equally.

The next 2 sentences explains that speech is speech, regardless if it’s commercial or not:

The Court noted that in cases of commercial speech, such as price advertising, freedom of speech protections apply just as they would to noncommercial speech. Even speech that is sold for profit, or involves financial solicitations, is protected.

Now explain to the audience here why you think someone advertising their prices to the general public is the same as buying up and collecting personal information and then selling it on to a third-party who then uses it to target specific people with medical misinformation?

Hint: Information, as in data, isn’t speech.

It seems you have ended up inside Bode’s Lair, it is very unkind place to stupid assholes and revenge porn artists who are unable to wipe their own ass without help which is why people are telling you to take your shit elsewhere.

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Anonymous Coward says:

Re: Re: Re:2

Selling data isn’t speech, because we actually have laws and regulations around how and what data can be sold which if we go by your “opinion”, is against the 1A. Expressing that data in some form can be considered speech in most circumstances.

Also, you didn’t explain why you think the case is even remotely relevant which means the above is just a deflection meant to distract people from realizing how much up shit creek you are without a paddle.

Now take your shit somewhere else, because no one here want to see your stinky ass floating down that creek.

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Stephen T. Stone (profile) says:

Re: Re: Re:5

A woman’s body is her own. That doesn’t and shouldn’t change because she gets pregnant. Other people may have a say in the situation, but the final decision should come down to her and maybe her doctor. To demand otherwise is to demand that the law protect the bodily autonomy of a corpse more than it protects the bodily autonomy of a living pregnant woman.

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Anonymous Coward says:

Re:

It also has a knockdown effect on women’s health in general, Matthew.

It does appear you want to sacrifice your wife and daughters to your fascist ideology, it seems. Having little to no access to a doctor who knows how to treat women’s health issues can be extremely bad for the women left behind, you know.

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Matthew M Bennett says:

Re: Re:

It does appear you want to sacrifice your wife and daughters to your fascist ideology, it seems.

Whew, a whole lot of assumptions in there. I’m not even pro-life. But saying, “Hey, you could just have the baby instead” definited isn’t fascist, dumbass. Where’s Mamba? You were saying something?

Having little to no access to a doctor who knows how to treat women’s health issues

Gonna point out that giving birth in the US basically always involves a doctor “who knows how to treat women’s health issues. What the fuck is wrong with you?

You quite obviously wanted to relabel “a baby” a “women’s health issue” which is always an interesting propaganda choice and then crawled up your own ass with it.

Stephen T. Stone (profile) says:

Re: Re: Re:

saying, “Hey, you could just have the baby instead” definited isn’t fascist

Go tell that to a young girl who was raped and impregnated by her father. Go ahead and tell her that she can wait nine months, have her entire body permanently and irreversibly changed, suffer severe pain, and possibly even die to be “free” of the pregnancy caused by her rape. Then see how long it takes for you to be smacked across the face (at a bare minimum) by her mother, her doctor, and basically anyone with a working sense of human empathy.

giving birth in the US basically always involves a doctor who knows how to treat women’s health issues

And yet, the U.S. has one of the highest infant mortality rates (if not the highest such rates) in the developed world. OB/GYNs are becoming harder to find in states that have banned abortion. Hospitals in those states are also shutting down maternity wards and other branches of operations that could help expectant mothers. Fifty years of anti-abortion activists doing everything they could to demonize abortions and abortion providers⁠—as well as healthcare professionals who were/are abortion-adjacent⁠—followed by the fall of Roe v. Wade has made maternal healthcare in parts of the United States so much worse than it needs to be.

But what does it matter if a woman dies during labor or soon after birth, so long as the child she’s carrying inside survives for even a minute? I mean, if a ten-year-old who is forced to give birth dies while giving birth, her life doesn’t seem to matter as much as the one to which she just gave birth⁠—at least, not to people who think abortion is murder and women who have abortions should be jailed for life. And there are more of those kinds of people in the U.S. than you would ever be comfortable admitting.

Anonymous Coward says:

Re: Re: Re:

I am not sorry for treating someone who not only spouts terrible Republican talking points, continuing to argue in bad faith and generally acting like a white supremacist as, I dunno, a white supremacist.

Besides, once you drive out the obgyns and trained maternity ward professiobals, the next to go are the doctors of every stripe.

Why operate in a state that’s hostile to them and putting them in jail for doing their jobs? Their jobs are already stressful enough as it is.

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Anonymous Coward says:

Re: Re:

It also has a knockdown effect on women’s health in general, Matthew.

It does appear you want to sacrifice your wife and daughters to your fascist ideology, it seems. Having little to no access to a doctor who knows how to treat women’s health issues can be extremely bad for the women left behind, you know.

For thousands of years women have been living in a “fascist” reality before doctors invented modern abortion procedures then? Do you even know what the term “fascist” even means> are you sure you don’t mean “totalitarian”?

Also, nobody is debating abortion “to save the mother”, people are debating abortion causing below replacement rate fertility, which is going to eventually lead to a national financial and social collapse.

Anonymous Coward says:

Re: Re: Re:

For thousands of years women have been living in a “fascist” reality before doctors invented modern abortion procedures then?

Women have had abortions for thousands upon thousands of years. The first documented abortion was in 1500 BCE but it was common much earlier than that through various means like for example eating specific plants. That you think abortions are only possible with “modern procedures” shows a distinct lack of knowledge about the subject which is why I think the above statement is idiotic.

Also, nobody is debating abortion “to save the mother”, people are debating abortion causing below replacement rate fertility, which is going to eventually lead to a national financial and social collapse.

Ah, use women as forced broodmares to pop out future wage-slaves. Is that it?

It seems you don’t even have a basic understanding of the underlaying factors in fertility-rates, economic growth and availability of human capital.

Under some very specific conditions involving room for economic growth and certain levels of human capital you can for example force women to carry pregnancies to term and you can get a short-term boost to economic growth but at that point you have reduced women to chattel. In the long term it’ll likely cause social tensions, unrest and poverty that will affect the economy negatively.

If you are worried about fertility-rates, the best way is to set up incentives for women to have more children without taking away their bodily autonomy – but this only works in the long term and if you are actually interested in making those children productive members of society, ie make sure the parent(s) and children can have economic mobility upwards, have access to affordable daycare, functional schools and higher education.

If there’s none of that available, what’s the point of forcing women to carry pregnancies to term so you get an expanding pool of poverty-stricken and dysfunctional human capital that is just a drag on the economy? Because the truth is, rich people just hop on a plane and go somewhere where they can get an abortion while people with little to no economic means can’t.

Anonymous Coward says:

Re:

From the school of thought that gives you “Neo-Nazis don’t helpfully call themselves Nazis so you can’t call them Nazis” and “That guy you called a neo-nazi was banned for innocuous posts and not the slur laden rant” and “I was just asking questions about the global jewish conspiracy” now comes “Anti-abortion literature is simply a postcard that says ‘dont, maybe?’ as opposed to exagerated and unsupported claims of dangers and harms.”

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Anonymous Coward says:

Re:

535? All it took to get the Video Privacy Protection Act was to leak the video rental history of one Supreme Count nominee (which, as it turned out, was entirely mundane; but for some reason the very idea of this worried the politicians in a way that transcended party lines).

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Anonymous Coward says:

Re: Re:

Yes or no, sir: Do you believe the law should force an underage rape victim to carry to term a pregnancy resulting from that rape?

Absolutely.

A life conceived in Sin is still a Life that deserves protecting.

The unfortunate rape victim can give the child up for adoption, and she should also be allowed to personally blow her rapist’s brains out.

Stephen T. Stone (profile) says:

Re: Re: Re:

I just want to be absolutely crystal clear about your position here, so there is no mistaking the level of your inhumane sociopathy.

Yes or no: If a ten-year-old girl is raped by her father and becomes pregnant as a result, should the law force that girl to go through nine months of pregnancy and give birth to the child of her rapist⁠—a process that will change her body forever, cause her an untold amount of pain, and might even kill her⁠?

  • If “yes”, for what possible reason (other than some sickhouse bullshit like “because God” or “because it’d be funny”) should the law force a child who isn’t old enough to legally consent to anything⁠—including sex⁠—give birth to her own half-brother?
  • If “not”, for what reason did you say “yes” until being presented with this specific example⁠—other than “I was only pretending to be an edgy edgelord who thinks the sexual abuse of a child is prime joke material”?

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Uriel-238 (profile) says:

Re: Re: Re:9 "...should be put to death"

About a decade-ish ago, my psychotherapist used my case as her PHD thesis, and I have an ASD diagnosis whenever I might need one. They’re still pretty hard to get. It’s not always a good idea: It’s actually harder to get regular state and federal benefits with ASD then it is with some of the more common diagnoses, such as major depression or ADHD. (Some states just disregard ASD while others want to treat ASD with other less-useful programs).

Society is still spooked by neurodivergence, much the way that they were by psychoses and personality disorders that justified countless Hollywood slasher and psycho-killer villains from the 1970s cinema to modern day TV series. Much of the US thinks every one of us loons is The Joker.

(Psychotic is a forensic term that mostly means an expert thinks you’re a crazy axe murderer and is willing to testify as much in court. Incidentally, that doesn’t tend to get more treatment, but it can still affect your sentence. Of course there’s the Dan White case. In contrast, psychosis is a category of mental conditions that, if they cause too much dysfunction can be classified as a mental illness. Psychoses indicate more mental abnormality than personality orders do even though the latter category can be more socially dangerous and includes diagnoses like APD and Narcissism. Words are fun!)

Psychology is still a pretty new science. Only a century ago we still assumed demons were possessing people. Half a century ago, we were still running electricity through their brain or drowning them to see if these treatments might drive them to behave less oddly. Most psychology these days is used to get you — or the average media viewer — to panic during political commercials so that you vote for the only guy that can save America, allegedly. We put a lot of funding into trying to get everyone to spend their disposable income on Funko-pop bobble-heads, or better yet, in-game microtransactions.

But the Satanic Panic from the 1970s to the 1990s demonstrated to us that if you demonize a given behavior (even one that might be worthy of condemnation), it’ll be used to go after undesirables and political enemies, hence the QAnon rumors of CSA orgy rings among the Democrats, eventually leading to someone shooting up Comet Ping Pong.

If you were to have your way, in which ASD diagnoses were a ticket to the genocide machines, you’d learn quickly that anyone that was in the way of anyone else with power would find themselves being subject to tests and rubber stamps. And the first time you caught your boss on a bad day or cut off some official on the freeway, you’d find those forms were filed with your name on it, and you’d be in a restraint suit headed for the cattle trains.

Face-eating Leopards are ever on the prowl, which is why we pinko commies adhere to principal over personal loyalty. We know how it ends when aristocrats and plutocrats are subject to a different legal system than the rest of us proles.

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Stephen T. Stone (profile) says:

Re: Re: Re:3

Show me what abortion laws proposed do not make exceptions for rape , incest, and health of the mother

Those exceptions often require…

  1. proof of rape, such as a police report;
  2. proof of incest, which is pretty much the same as (1); or
  3. for the mother’s health to be so in danger that she is literally dying

…for the abortion to be considered legal. Plenty of stories have come out since the fall of Roe v. Wade about mothers who wanted to have abortions to protect their own lives, but couldn’t receive them until they were effectively on death’s door because hospitals didn’t want the legal liability of performing an illegal abortion on their hands.

If you think people who want to ban abortion are all in favor of those exceptions, you might want to ask them how broad those exceptions should be⁠—because I guarantee that those opposed to abortions want to make those exceptions as legally narrow as possible.

also how’s that revenge porn conviction workin’ out for ya Benji 🙃

Rocky says:

Re: Re: Re:4

It’s almost like he is totally disconnected from reality, because how the fuck could someone miss the whole thing with Kate Cox suing Texas in December to get an abortion? I guess the right-wing news didn’t report on that one.

Plus, who the fuck want to consult with lawyers in medical matters? Because that is the reality in the states that banned abortion.

I think Mr Revenge Porn Douchbag has a preggo-fetish after exploiting women for money in the worst way possible.

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Stephen T. Stone (profile) says:

Re: Re: Re:

Did you know the Roe (from Roe vs Wade) lied about being raped when she asked for an abortion?

Irrelevant. A woman’s right to an abortion should be protected under law no matter the reason for her abortion. Her body, her autonomy.

if you got raped, then the easy solution is that there is a “morning after pill”, that you will be given when you report that you’ve been raped

This is the kind of bullshit you hear right before someone says “if she had been raped, she would’ve reported it to the police, so obviously she wasn’t raped” without realizing that not all women report their rapes⁠—partly because they don’t trust the system to actually arrest and prosecute their rapists. (SVU isn’t a documentary, after all.)

Making a legal post-rape abortion contingent on a woman filing a police report is effectively rewarding a rapist whose victim is so traumatized by her rape that she doesn’t go to the cops. I get that you’re a revenge porn enthusiast, so you don’t really give a shit about women having autonomy, but if you’re really going to put yourself on the side of rapists, you might want to reëxamine your whole-ass entire life to wonder where the hell you ended up supporting rapists.

bhull242 (profile) says:

Re: Re: Re:

Did you know the Roe (from Roe vs Wade) lied about being raped when she asked for an abortion?

Why should I care? It makes no difference.

Also, if you got raped, then the easy solution is that there is a “morning after pill”, that you will be given when you report that you’ve been raped.

Something which doesn’t always work, and you ignore the fact that women often don’t report that they’ve been raped, at least not until long after the fact, far too late for a morning-after pill to do squat. Oh, and some states don’t offer that, so the premise is sometimes false.

Anonymous Coward says:

Re: Re: Re:

” if you got raped, then the easy solution is that there is a “morning after pill”,”

Oh right, never mind the violence of rape .. just sit back and enjoy it – right? .. is that what you are implying here? If so, you should seek professional help, you need it.

” that you will be given when you report that you’ve been raped.”

Not in a red state I imagine, red states also want to tell other states what they can and can not do.

Uriel-238 (profile) says:

Re: "Good people"

The thing about deciding someone is evil by fiat is then you can feel justified in doing anything you want to them.

Case in point the CIA extrajudicial detention and enhanced interrogation program.

At the point you have to attack people for what you think they are rather than what they assert or how they behave, it informs the rest of us how you see society.

It tells us you neither show regard for your neighbor or accept your fellow citizens as fellow citizens.

It tells me you’re not going to fulfill your part of the social contract.

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Uriel-238 (profile) says:

Sending misinformation kinda loses the plot.

If you have to use false information to drive people to not do the thing you want them to not do, it kinda kills any point you might have been trying to make.

It’s terrifying yet also telling how much of anti-abortion tactics are mired in deception, as if anti-abortion action is an act of warfare against women. Even in the 1980s when they were showing miscarriages (that were not aborted) to my sophomore high school class, the anti-abortion movement failed to have introspection if they might be the baddies.
Forty years later, it’s still a hate movement.

But yes, so long as we have hate movements that are going to stalk and assault their victims of choice, data privacy has to be a high concern, especially when those movements include officials willing to put people in harms way to further their political careers.

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Rocky says:

Re:

Why do you want to lie and dissuade women from getting factual information and accurate medical advice from actual medical professionals?

Here’s a thought for you, why don’t you move to a patriarchal theocracy – they’ll really like your views on women as chattel. If you are lucky, you might even get to marry some child-brides you can breed to your hearts content.

Nutcase.

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Benjamin Jay Barber says:

Re: Re:

The reason why we live in a patriarchal society, is precisely because of sexual dimorphism, and those societies are currently replacing our own, because they actually produce children.

Abortion, homosexuality, transgenderism, its all just another way of saying “genetic dead end”, and “cultural suicide”.

bonk says:

Re: Re: Re:2

The reason why we live in a patriarchal society, is precisely because of sexual dimorphism, and those societies are currently replacing our own, because they actually produce children.

The problem with the above statement is that people like you actually use it as an excuse to exploit and diminish women. The simplest form of this excuse is “boys will be boys” but the sentiment is the same – men are better and they must be allowed to be assholes towards women because it’s a biological imperative due to sexual dimorphism.

It’s done because then men can’t be adjudicated for their actions, for them to avoid all responsibility since everything they do is dictated by biology. It’s the assholes escape hatch.

Of course the whole thing is ridiculous unless men are automatons entirely ruled by biology, lacking all empathy, thought and reason. But that’s not the case, men possess empathy, reason and thought – how they choose to use those things have zero to do with any biological differences between men and women.

You, on the other hand, isn’t an automaton but you still lack all empathy, thought and reason.

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Anonymous Coward says:

Re:

I know you’re that disingenuous little shit who might be one of the resident harassment assholes, but I’ll bite.

Because when that baby causes enough mental anguish to the mother to cause the mother to commit suicide, that’s when we need that damn abortion.

I know “first do no harm” is lost on you insurrectionist assholes, but still, you all seem to be more than eager to sacrifice women and children to your fascist ideology.

There’s also the knockdown effects on women’s health as well. And with this bullshit you preach, you’re only going to put even more women, married or otherwise, at risk from easily preventable conditions, like, I dunno, urinary tract infections?

And that’s why we’re so eager to fight for women’s bodily autonomy, or, as you so disingenuously put it, “want vulnerable women to be encouraged to murder their unborn children”.

Uriel-238 (profile) says:

Re: Re: Re: Brain drain

Idaho is already a desert devoid of OBGYNs and maternity wards for lack of skilled medical personnel

High-risk pregnancy is already a catch-22 where a medical professional is legally fucked whether they terminate the pregnancy or let the pregnancy continue, leading to death of the woman.

So they all quit and are fleeing the state.

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