Facebook and the Nebraska abortion case

Initially, Jessica Burgess, 41, and her then-17-year-old daughter, Celeste Burgess were charged with a single felony (removing, concealing, or abandoning a body), and two misdemeanors (concealing the death of another person, and false reporting).

The pair claimed that Celeste had experienced a miscarriage and they had buried the body. When questioned about the date of the miscarriage, Celeste reportedly scrolled through her Facebook Messenger app to find the date, prompting the investigators to deliver a search warrant to Meta.

At the beginning of June, Meta disclosed over 300+ MB of data from the accounts of Celeste and her mother, including a private conversation between the two that revealed Jessica had purchased abortion pills for her daughter.

In the state of Nebraska, it is illegal to perform an abortion after the 20-week stage of pregnancy. The fetus in this case was declared to have been over 23 weeks. After reviewing the private messages, police added further felony charges against the mother. Jessica was charged with inducing an illegal abortion and performing an abortion without being a licensed physician.

The Nebraskan affair has made Meta an unwilling case study in the burning issue of how Big Tech companies will handle data privacy in the wake of the overturning of Roe vs. Wade.

So far, they haven't set a good example.

Although Meta declared that the warrant received hadn't mentioned that the requested data was for an abortion case– even if it had, there is likely very little they could have done about it.

The lesson for Facebook and other social media platforms is: don't collect the data in the first place. As Evan Greer of the digital rights group Fight for the Future said,

“The only way for companies like Facebook to meaningfully protect people is for them to ensure that they do not have access to user data or communications when a law enforcement agency comes knocking.”

You can't hand over what you don't have.

Is end-to-end encryption messaging enough?

The short answer is NO. But here's the longer version...

Facebook Messenger end-to-end encryption will give users a better level of privacy when using the app. In an end-to-end encrypted messaging system, the only people who can read the messages are the sender and the recipient(s). This means that no hackers, third parties, governments, police authorities, nor Meta will be able to intercept or read your chat.

But your chat history is not the only data Meta gathers and stores (or sells).

Investigators from Reveal News gave a damning account of the ultra-sensitive personal data Meta collects on abortion seekers and how it enables anti-abortion organizations to use that data to directly target and influence those people online.

Meta prohibits websites using Facebook's advertising technology from sending Facebook “sexual and reproductive health” data.

Despite this, Reveal investigators found that out of 2,500 “crisis pregnancy centers” they analyzed, 300 were sharing information with Facebook. The data shared included whether a person was looking for an abortion, a pregnancy test, or emergency contraceptives.

While Facebook Messenger end-to-end encryption as default is a step in the right direction, it feels like placing a sticking plaster over a gaping wound.

It's certainly not enough to stop your data bleeding out.

Critics of Facebook Messenger end-to-end encryption plans

Facebook Messenger end-to-end encryption plans might go some way to placating those looking for privacy assurances in the aftermath of Roe vs Wade, but it hasn't been well-received by everyone.

A UK government-backed campaign has been launched warning that end-to-end encryption messaging on social media platforms will mean that millions of cases of child abuse will go undetected.

Meta's initial delay in rolling out Facebook Messenger end-to-end encryption was to ensure that they could do so safely, taking into consideration the child abuse concerns.

So, has Facebook jumped the gun to escape the heat from the Nebraska case, only to jump into the fire with child protection advocates? It seems that Meta is between a rock and a hard place.

However, in a statement, a Meta spokesperson said:

“We have no tolerance for child exploitation on our platforms and are focused on solutions that do not require the intrusive scanning of people's private conversations. We want to prevent harm from happening in the first place, not just detect it after the fact. We already do this by banning suspicious profiles, restricting adults from messaging children they're not connected with any defaulting under-18s to private or “friends only” accounts. We're also encouraging people to report harmful messages to us so we can see the reported contents, respond swiftly and make referrals to the authorities. We continue to work with outside experts and law enforcement to help keep people safe online.”

Whether Facebook has actually found a safe spot between data privacy for all and safeguarding children, only time will tell, unfortunately. Facebook is testing the end-to-end encryption messaging with a small test group of a couple of hundred users to ensure the complex system is working correctly before rolling it out to all users in the near future.

How to ensure end-to-end encryption messaging in the meantime?

Meta already gives the option of end-to-end encrypted messaging but the service is only available on a per-chat basis. Users have to opt-in. Although E2EE is available for all users, few actually know about it, and those that do are generally the privacy-minded minority.

How to start a new Facebook Messenger end-to-end encryption chat

The end-to-end encryption messaging function isn't currently available for the desktop version of Messenger but is available for Android, iPhone, and iPad.

• Open the Messenger app on your smartphone or device on the Chat tab
• Select the edit function from the top right-hand corner— it looks like a pen
• Now in the top right-hand corner, you'll see a toggle bar with a lock
• Click to slide the lock into place
• Then type the name of the person you wish to chat with

Create an E2EE chat from an existing chat

If you want to create an end-to-end encrypted chat with someone you're already chatting with follow the steps below:

• Open Messenger and find your chat
• Tap the person's name or click the “Info” icon in the top right-hand corner
• Select “Go to a secret conversation” with the person

When you've entered a new E2EE chat with someone, you'll see a little lock at the edge of their profile photo and the lock toggle engaged in the top right-hand corner.

Keep in mind that you can't use E2EE with businesses, professional accounts (public figures for example), Instagram accounts from your Messenger app, or people you haven't messaged before.

Start an end-to-end encrypted call on Messenger

The calls you make on messenger can also be encrypted end-to-end, ensuring that the only people who can hear are you and the person you've called.

To start an end-to-end encrypted call, first, follow the steps to set up an encrypted chat (if you haven't already done so).

• From the E2EE chat, select the phone icon to start an audio call
• or the camera icon to start a video call

For all of the steps above, you'll need to make sure that you and the recipient or the person you're calling have the latest version of the Messenger app.

The recent policy changes in the States have highlighted the need for robust end-to-end encrypted messaging services more than ever. Compare encrypted messaging apps and find the best one for you.