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Zero Privacy Post-Dobbs? How the Threat Landscape Has Changed

In every sector, from government to commercial, education, healthcare, and more, organizations collect and use personal data and communications to provide routine and essential activities and services. In some cases, we don’t even know our data is being collected. Such private information is continually at risk of breach, theft, and misuse. Location data, Google searches, and medical apps could expose private health information. Sensitive communications sent via email, posted in private social media groups, or texted to a friend could be revealed to unintended recipients. And there is the seemingly never-ending string of data breaches, any one of which could result in downstream account compromise and identity theft. Private information no longer feels private. People want to know what data is being collected, how it will be used and protected, and what rights they might have as data subjects. Six states have now passed comprehensive privacy laws at the very time the U.S. Supreme Court’s Dobbs decision has cast doubt on long-established privacy rights. With every technological advance comes more questions for businesses and the lawyers who advise them. This panel addresses the current landscape of threats to private data and communications, including what communications and data are at risk and what impact those threats could have, and looks ahead to emerging threats to privacy post-Dobbs.


  • Willmary Escoto, U.S. Policy Analyst, Access Now
  • Nicolas Terry, Hall Render Professor of Law, Indiana University Robert H. McKinney School of Law; Executive Director, Hall Center for Law and Health, Indiana University Robert H. McKinney School of Law


Joint Sponsor: ABA Science & Technology Law Section

Co-Sponsors: ABA Criminal Justice SectionABA Young Lawyers Division


HIPAA v. DobbsBerkeley Technology Law Journal

Healthy Data ProtectionMichigan Telecommunications and Technology Law Review, Vol. 26, No. 229, 2020, UC Hastings Research Paper No. 349

California Privacy Law, Fifth Edition | Lothar Determann

Regulatory Disruption and Arbitrage in Health-Care Data Protection | Nicolas P. Terry

Assessing the Thin Regulation of Consumer-Facing Health Technologies | Nicolas P. Terry

Why we need data minimization safeguards now (and how to do it) (Report on Data Minimization) | AccessNow

New U.S. Cybersecurity Strategy: a strong step forward, with room for improvement | AccessNow

10 facts to counter encryption myths (Policy Brief) | AccessNow

Who we hurt when we attack encryption  | AccessNow

Why encryption is vital to attorney-client privilege | AccessNow

Digital Security Helpline | AccessNow

Human rights leaders at Davos 2022: spyware is a weapon  (Press Conference) | AccessNow

How to Protect Yourself Online (Twitter Thread)

Self-Doxxing Guide | AccessNow

How to Assess Risk Profile | AccessNow

Privacy Please (YouTube Video)

Fight For The Future's Slack-focused campaign:  ​​The campaign asks Slack to offer basic platform privacy and safety features such as end-to-end encrypted messaging, blocking, muting, and reporting. It is a part of their broader Make DMs Safe campaign (, which Access Now had supported.

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