Mná na hÉireann


Estimated reading time: 8 minutes
Privacy

I have a vivid memory, and a treasured one, of sitting in a cafe in Belfast, looking south, beaming with pride. I just happened to be down there, for a WordCamp in fact, on the day that the Republic of Ireland held its “repeal the Eighth” referendum on its constitutional provision which, in the name of banning abortion, also banned essential, immediate, and lifesaving reproductive health care. Ireland’s deeply religious legacy had demanded that as the norm for decades, and so it was.

But the catalyst for the referendum, after so many decades of people just accepting that norm, was Savita. She was a healthy, 31-year-old, happily married woman who, through no fault of her own, miscarried her desperately wanted baby, just 17 weeks in. Miscarriage doesn’t just mean that the pregnancy is no longer viable. It means that the baby transfigures into poison. If the miscarried foetus is not removed, it becomes a toxin that kills its mother from the inside out. Which is why Savita, a medical professional who knew how this all worked, presented at A&E in agonising pain, expecting urgent medical care. But technically the unviable foetus still had a heartbeat. So the hospital made Savita lie in a hospital bed, dialated, for three days, waiting for her to pass the dead foetus naturally, so that the hospital would not break the eighth amendment. Three days. Of course, by that time, she’d gone septic. That hospital was where, and why, Savita died at 31, a week after coming in for a basic emergency procedure which should have seen her sleeping in her own bed that same night.

There was something about her death – perhaps it was social media? perhaps it was her integrity and vulnerability? perhaps it was just the changing times? – which broke the spell that the eighth amendment had held for so long. Mná na hÉireann are a force of nature, and the government was pushed to take it to a referendum.

As I enjoyed my coffee – and Belfast does great coffee – I scrolled through the Irish Times’ live blog as the day progressed, almost physically feeling the power of their sheer will pushing outward. What finally brought the tears was seeing many of the women making a pilgrimage to a mural of Savita after they voted, so that they could honour her in whatever ways felt right,

as if voting Yes to repeal was not already the highest honour they could offer.

Savita Halappanavar mural, Dublin

Savita’s mural, the day after the referendum. Photo by Zcbeaton, CC BY-SA 4.0 <https://creativecommons.org/licenses/by-sa/4.0>, via Wikimedia Commons

It’s morning in America, as someone once said, and you’re as sleep deprived as I am. A little bit ragged and emotional too. Which means you’re probably wondering what a six-year-old anecdote from Ireland has to do with anything.

Sadly, it’s everything.

For the voting women of Ireland, Savita was a role model in the worst way: an exemplar of what cannot and must not ever be allowed to happen. She was also a call for women to look after each others’ backs, and wombs too.

It pains me to report that yesterday the voting women of America, and many men too, adopted her as a role model as well, but not as a force for good. They have no intention of having other women’s backs. They want Savita as an exemplar of what can, and should, happen to women every day, everywhere.

They want more dead women, they are already getting them, and they are not going to stop until no one knows their names because there are too many to count.

(That dead American girl’s name, for what it’s worth, was Neveah. That’s “heaven” spelled backwards. Christian Nationalism does not do irony, or for that matter actual Christianity.)

But does the result of America’s presidential election mean anything for you, not in America, just working on your thing, whether that’s law, policy, regulation, or code?

Yes it does. It means you’re the Mná na hÉireann now. You’ve got to look out for women, and have each others’ backs, and wombs.

So what can you do, after you get a decent night’s sleep?

Zero.

Your new foundational principle is end-to-end encryption. On everything. Full stop.

If you are communicating with someone on a non-encrypted DM, such as certain apps or X, fucking stop it now. Stop being a walking threat model. Stop exposing others to risk.

First.

Grab a notebook. A physical one, like conference swag. (You’d better get used to that.) Make a table that looks like this.

Isssue What I know What I need to find out
Political
Regulatory
Technical
My work?

Now watch this. It’s only 90 seconds long.

That video is how things are going to work for the next few years.

So fill out your table with all of issues which that video presents. If you don’t know the answers, do your research.

In the row that says “my work”, think of how your work could become part of that video without you even realising it.

Here's just one example if you're stuck.
The e-commerce app which you develop, which is on her phone, contains lots of data trackers, including third party adtech as well as things like Firebase analytics. Law enforcement in that state are buying that data in bulk from data brokers, because there’s no law forbidding them from doing so. In that way, they used your app to identify her, her father, and their location. From there, the jump to her social media records, including data about her family, was a click away. Were you aware that was even possible, and did you address it at the contract and supplier phase of your app development?

Second.

Now that you’ve had the warmup, revisit the learning exercise I set forth in September about reproductive privacy. I meant it as a conference talk challenge, but we don’t have time for that anymore, so I’ll just repeat the exercise here:

Reproductive Privacy, Data, and Your Work
What is the goal of this exercise

There are policymakers who thought Parable of the Sower and The Handmaid’s Tale were instruction manuals, and they’re coming to power.  They think they’re carrying out orders directly from God, and they’re heavily armed.

So you need to understand your obligations to protect reproductive health data, even if your work has nothing whatsoever to do with it upfront.

You must explain how data is contextual, and that in the current political context, any data held either on or off a device can and will be used against you.

You must explain how defensive development practices can help the three categories of people who are most impacted by threats to reproductive health: anyone of any age who is biologically capable of conception, healthcare professionals, and activists and organisers.

To that end, you must learn how developers, project managers, and decision makers – are now active targets, who should begin taking the same precautions as activists and organisers.

Finally, you must understand how to shore up your own defenses for when (not if, but when) a subpoena is issued against you, in bad faith, to acquire the data you hold about their users, or to charge them with aiding and abetting forms of reproductive health care which may be banned or criminalised.

Reading material

Please approach this list as a proper research project. You need to fall down these rabbit holes and follow footnotes, links, and resources to wherever they might take you.

Resources for everyone

Resources for developers and project managers

Resources on governance and censorship

News stories for essential context

Points to cover
  • Do this exercise as if it will be illegal to discuss in a year, because it might well be.
  • Contextual data risks to think about: google search data, purchase histories, Alexa/Siri voice records, street traffic data, ANPRs, electronic health care systems, public records, data brokers, geolocation outside healthcare clinics, the adtech trackers you put on your site to make some passive income, the background third party data, social media, marketing, and analytics trackers you put on your apps…
  • Discuss digital forensics extraction tools, such as the devices used by police to get data off phones and laptops. Think of how you can ensure that there’s no data to get off the device. Remember the basic universal data privacy principles I set forth in my book? E2EE, data minimisation, clear privacy notices and choices, and so forth. There’s a reason they’re universal. Especially in the US context, which has no universal privacy law a la GDPR.
  • Those universal principles will also help you when the subpoena arrives. You can’t hand over data that you don’t have.
  • What’s your continuity plan, by the way, for when Officer MAGA confiscates your work devices?
  • For people who are capable of conception, don’t you dare suggest that the solution is to use Tor, spin up a self-hosted open source solution, or delete your period tracking app. These suggestions are not just classic digital solutionism, putting the technology in front of the users’ needs. These suggestions completely fail to account for the fact that the users are in crisis mode, experiencing a critical health emergency, and are also at active risk of arrest and criminalisation. It’s your job to provide the digital safe space for them to think and proceed in. It’s not their job to build their own tools in crisis. Open source is a software license, not a means of achieving human agency.
  • Remember the rule of the imperial boomerang: all of the digital surveillance threats, and political means of criminalization, have existed for years, and have been actively used against marginalised, minority, and immigrant communities. Nice of you white people to finally show up and take notice now that it affects you, but do give some thought as to the role you play in the intersectionality of data justice for all, in the long term. Think of how you can support the work that has already been done, for years, by people who have always been criminalised for their identity. I said support it: not take it over or tell them how you think they should be doing it better, Karen.
  • If you can, share your own reproductive health story. You have to be brave for people who haven’t got there yet.

And third.

Third is that whatever age you are, if you are biologically capable of conceiving, consensually or not, and/or are therefore capable of miscarrying, you would be a fool to even set foot in America for the foreseeable future. And by “fool” I mean “stupid fucking idiot”. Don’t. It’s not worth it. Forget business trips, forget company meetups, forget conferences, forget holidays, forget fucking Disneyworld, forget gigs, forget sporting competitions, forget everything. Just forget it.

For that matter, forget your friends and relatives: after all, people who really care about you don’t put you at physical risk, nor do they care about your long term physical absence either. They can come see you, over here. You don’t have to go there. If that’s not possible, switch back to seeing them on Zoom. Goodness knows we had enough practice with that, after all.

If you walk alone and unprotected through a dark street at night, no one has any sympathy for you for what happens next. America has chosen to be a dark street at night. You’ll live just fine without it. You might not if you choose otherwise.

There’s so much more to come and so many things we all have to do but this is day one. Start.

Tá, Savita.

By sheer coincidence, the Irish “repeal the eighth” referendum was held on the same day that GDPR went into effect across Europe. Those two events were unrelated. But the women of Europe have a comprehensive privacy law anchored in personal control over their data, and rights over its misuse, through a continent-wide law which grants health data the highest levels of privacy protection. The women of America have fuck all. Always remember that.

The Author

I’m a UK tech policy wonk based in Glasgow. I work for an open web built around international standards of human rights, privacy, accessibility, and freedom of expression. The content and opinions on this site are mine alone and do not reflect the opinions of any current or previous team.

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