this post was submitted on 09 Jul 2023
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cross-posted from: https://lemmy.ml/post/1874605

A 17-year-old from Nebraska and her mother are facing criminal charges including performing an illegal abortion and concealing a dead body after police obtained the pair’s private chat history from Facebook, court documents published by Motherboard show.

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[–] kevincox@lemmy.ml 88 points 1 year ago (3 children)

People are getting all upset at Facebook/Meta here but they were served a valid warrant. I don't think there is much to get mad about them here. The takeaway I get is this:

Avoid giving data to others. No matter how trustworthy they are (not that Meta is) they can be legally compelled to release it. Trust only in cryptography.

There is of course the other question of if abortion being illegal is a policy that most people agree with...but that is a whole different kettle of fish that I won't get into here.

[–] IllNess@infosec.pub 30 points 1 year ago (1 children)

Completely right. This is an education issue.

There are several other issues how these two handled this situation.

Court and police records show that police began investigating 17-year-old Celeste Burgess and her mother Jessica Burgess after receiving a tip-off that the pair had illegally buried a stillborn child given birth to prematurely by Celeste.

Don't discuss this or involve anyone else.

The two women told detective Ben McBride of the Norfolk, Nebraska Police Division that they’d discussed the matter on Facebook Messenger, which prompted the state to issue Meta with a search warrant for their chat history and data including log-in timestamps and photos.

Why are they even talking to police? Lawyer up, even if the lawyer is free.

(E2EE is available in Messenger but has to be toggled on manually. It’s on by default in WhatsApp.)

Facebook messenger and text message is the absolute worse way to discuss things like this. They should've at least turned on E2EE but they already admitted fault and their devices would've been taken away anyway.

They seem like they together. They should've just discussed this in person.

[–] HappyMeatbag 16 points 1 year ago

Granted, I’m lucky enough never to have been arrested or questioned about a crime. I don’t know how difficult and manipulative interrogations are outside of what I’ve seen on TV. Even still, I’m amazed by and critical of people who talk to the police without a lawyer present.

Even if you think (or know) you’re guilty, that doesn’t mean you should let the system have its way with you.

[–] Hexorg 9 points 1 year ago (2 children)

On one hand - yes Meta followed the legal requirement, but the bigger picture is that people always say “so what it’s just don’t do anything illegal”. But that’s only fine when legality matches morality. And the disparity has been growing lately.

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[–] Steeve@lemmy.ca 8 points 1 year ago

This is an older story, and 5 months later Meta announced that they're rolling out full E2EE encryption to Messenger, I don't think that's a coincidence. Are they doing it out of the goodness of their hearts? Probably not, they're a corporation, but this does show that global backlash actually works for something.

Use end to end encrypted messaging apps, and, if you're in a situation like this, know what they can be forced to share via court order. For example, while WhatsApp has full E2EE and messages can't be turned over, IP addresses can, which can be used to track location, so don't connect to an abortion clinic's wifi for example. Probably just a good rule in general, as law enforcement could subpoena router logs if they have a suspicion.

Ideally use something that can hand over less metadata like Signal if you're in this sort of situation, they don't even keep IP address, but this is a lesser known app that also relies on the recipient using Signal.

[–] SkyNTP@lemmy.ml 84 points 1 year ago

Just yesterday here on Lemmy, I mentioned the dangers of violating privacy, and some commenters went on about "what dangers?" Implying there were none...

Is it not enough to gesture broadly?

[–] ezmack@lemmy.ml 55 points 1 year ago

Regardless of what you think about abortion laws people just gotta come to terms with the fact that your phone and computer are not reliable partners in crime

"private chat history" on Facebook...

[–] gapbetweenus@feddit.de 32 points 1 year ago (1 children)

If you have nothing to hide... but then they just change the laws, now you are a criminal and they already have handy tools in place to convict you.

[–] Karyoplasma@discuss.tchncs.de 9 points 1 year ago* (last edited 1 year ago) (2 children)

You cannot be convicted for an action that was made illegal after you comitted it. This is just Facebook sucking data and making money off others' misfortune. I am sure that they didn't hand over the chat logs for free. "I got nothing to hide" is exactly the reason Meta is a multi-billion company. Your agenda should be "I have nothing to gain from sharing my life with them".

It's like "don't talk to cops, it will not help you".

[–] gapbetweenus@feddit.de 8 points 1 year ago

You cannot be convicted for an action that was made illegal after you comitted it.

That was not my point. The point is, if the tech for mass surveillance is already in place and the laws change to more authoritarian or even just more dumb, it will be harder to escape those.

“I have nothing to gain from sharing my life with them”.

That is obvious not true, otherwise people would not be using social media.

[–] SaltySalamander@lemmy.fmhy.ml 6 points 1 year ago

I am sure that they didn’t hand over the chat logs for free

They handed over the chat logs in response to a court order to do so. The gov't didn't pay them. They forced them.

[–] Dioxy@programming.dev 32 points 1 year ago (1 children)
[–] CraigeryTheKid 12 points 1 year ago

This is what "Freedom & Family" means, apparently!

[–] 0110101001100010@programming.dev 24 points 1 year ago (7 children)

Not that facebook doesn't suck and we definitely shouldn't federate with Threads. But here's another article on this. Very late abortion where the fetus was probably viable. 17 year old was like, "I can't wait to get this thing out of me. I can finally where jeans." swallowed some pills to abort. Burned and buried the body on a farm. and the mom and daughter told the police about the facebook messages.

https://www.npr.org/2022/08/10/1116716749/a-nebraska-woman-is-charged-with-helping-her-daughter-have-an-abortion

[–] cousinofjah 8 points 1 year ago

So not the best case to argue all the things, but I suppos yet another reminder not to trust big tech with our sensitive information.

[–] SaltySalamander@lemmy.fmhy.ml 4 points 1 year ago

Yep. I'm pro-abortion rights, but this was just murder.

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[–] wtry@lemm.ee 24 points 1 year ago (1 children)

Remember folks, when subverting a theocratic hellscape, use something encrypted.

[–] wizardbeard@lemmy.dbzer0.com 14 points 1 year ago (5 children)

This isn't subversion, or any sort of theocratic hellscape.

Girl could have gotten an abortion 100% legally up through 20 weeks of preganancy. At 24 weeks the fetus becomes viable outside the womb. At 28 weeks she (with the assistance of her mother) took meds to kill the fetus and induce a stillbirth, commenting that she couldn't wait to be able to wear jeans again.

She goes through natural labor to pass the stillbirth outside of any medical facility or supervision, burns the remains, and buries them on a farm. When questioned by police, she and her mother admit to using Facebook Messenger to discuss their plans.

The only thing in any way related to the romanticized fiction of some sort of downtrodden freedom seeker you're talking about is that using encrypted communications would have prevented their discussions from being available to be subpeona'd. That said, admitting to police you even had those discussions in the first place kind of defeats the damn purpose.

[–] brainrein@feddit.de 19 points 1 year ago (1 children)

We don’t even know if she had an abortion. May she had a miscarriage and was just trying to avoid what’s happening now, being accused of having had an abortion.

Now that sounds a lot like theocratic hellscape…

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[–] Yearly1845@reddthat.com 6 points 1 year ago (3 children)

Allowing her to just get an abortion would have avoided this entire situation in the first place.

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[–] PseudoSpock@lemmy.fmhy.ml 22 points 1 year ago (2 children)

Use Signal messenger and have it set for auto deletion of messages if you must message!!!

[–] Azzu@lemm.ee 7 points 1 year ago* (last edited 1 year ago)

Signal or Matrix is also fine.

[–] Nowyn@sopuli.xyz 5 points 1 year ago (3 children)

Of course use Signal or Matrix but please don't think that makes your messaging entirely impenetrable. I am not saying their end-to-end encryption has been breached. But a compromised device is a compromised device. Signal might be secure at least for now, but is your keyboard?

We do live in times of zero-click spyware and while the general public doesn't necessarily have to worry about things like Pegasus atm, it is still used increasingly and not just against people who break the law.

I do my best, although I do fail to be up to date every once in a while, to stay as secure as possible, but to think any communication is entirely secure is not a good policy.

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[–] nik282000@lemmy.ml 16 points 1 year ago (1 children)

the pair’s private chat history

There is no such thing as a private chat on a platform you do not own. And even if you DO own the platform it is only as private as the participants decide it to be. Hopefully people start to realize this before complete non-privacy becomes the accepted norm.

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[–] rm_dash_r_star@lemm.ee 14 points 1 year ago (3 children)

Aside from any moral or political views, it amuses me when people do criminal acts and fail to realize police can inspect personal data like text messages, email, and social media. I think people smart enough to realize that are smart enough to avoid committing a crime in the first place. Though there are smart criminals that get away with it, you just don't hear about them because they don't get caught. In any case I tend to think being stupid is prerequisite to being a criminal.

[–] Dr_Cog@mander.xyz 21 points 1 year ago (5 children)

The only crime here is the crime against humanity of taking away a person's agency over their own body

[–] wizardbeard@lemmy.dbzer0.com 7 points 1 year ago (3 children)

They had the agency to take care of this for 20 damn weeks into the pregnancy where they were at 100% legally, even disregarding the options we all have to prevent conception in the first place.

On top of that, fetuses are viable outside the womb at 24 weeks, assuming the pregnant woman doesn't kill it at week 28 using medicine as this one did. I can't help but feel that makes 24 weeks a pretty important deadline for when this sort of choice is more than just about the pregnant woman.

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[–] Tyfud@lemmy.one 8 points 1 year ago (1 children)

Good job victim blaming dude. This mother and daughter did absolutely nothing wrong here.

[–] wizardbeard@lemmy.dbzer0.com 4 points 1 year ago (1 children)

What? They had 20 weeks to do this properly with medical supervision but waited to do shit until week 28 of pregnancy, then most importantly broke rule #1: Don't talk to the fucking police. They admitted to the police that they planned it using FB messenger. Whether the police got the DMs isn't as relevant as the fact that when they were questioned they admitted it.

[–] Tyfud@lemmy.one 7 points 1 year ago (1 children)

You're still victim blaming.

[–] wizardbeard@lemmy.dbzer0.com 7 points 1 year ago (1 children)

The victim in question openly stated they wanted an abortion at 28 weeks so they could wear jeans again.

Please stop using the phrase "victim blaming" to abrogate the necessity for critical thought.

This isn't some "she shouldn't have dressed like a slut" situation.

At some point people need to be held accountable to some absolute minimum level of personal responsibility.

[–] Indie@lemmy.fmhy.ml 6 points 1 year ago (1 children)

Let's be honest here.

How long do you think that child would last being parented by someone who wanted their child aborted so they could wear their jeans again.

Abortions should be easily available to any and all women, in every state.

I don't agree with their decision making length, but if abortion wasnt such a fucking touchy subject, the woman probably would have done so as soon as she found out.

Her body, her choice.

Men and politics need to get the fuck out of the way.

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[–] Milk_SDF_Possum@lemmy.sdf.org 4 points 1 year ago

It amuses me people use anything Facebook created.

[–] idle@158436977.xyz 13 points 1 year ago

I dont think most people actually read the article. These women performed an abortion at 28 weeks, abortion that late in the game has always been illegal in every state.

[–] Thorgs@feddit.de 11 points 1 year ago (1 children)

Just deleted my Instagram Account for good. I have no need for any Meta App on my Phone or any other Stasi like Institution

[–] whoisearth@lemmy.ca 4 points 1 year ago (1 children)

Someone feel free to refresh me but I think it's Samsung in the US you can only disable Facebook not delete it and it still calls home even if disabled. Probably other manufacturers as well. If you roll with android over apple 100% get a pixel. Yes fuck Google as well but they don't have any 3rd party shit collecting your data unless you install it.

[–] FrankTheHealer@lemmy.ml 3 points 1 year ago

You can use adb to uninstall those kinds of baked in apps. Its completely fucked up that you need to though.

[–] SaltySalamander@lemmy.fmhy.ml 11 points 1 year ago (3 children)

Yea, this wasn't an abortion, this was straight up murder. Headline is clickbait as fuck.

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[–] grte@lemmy.ca 11 points 1 year ago (1 children)

Damn these seem like trustworthy people who we should definitely federate with.

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[–] Snipe_AT@lemmy.atay.dev 9 points 1 year ago* (last edited 1 year ago) (1 children)

did anyone actually read the article? you guys are responding like meta sent this data on its own. it was issued a search warrant after the two women told police that they had discussed the third trimester (28 week) abortion on facebook. they literally gave the police the tip off and meta just followed the law written by the people elected in that state by properly responding to the search warrant.

do i like meta? no. do i agree with abortion law as it is? no.
do i think meta should follow the law? yes.

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[–] LemmyAtem 8 points 1 year ago

Read the article guys, don't fall into the headline trap. Facebook is definitely a bad guy, but it's not the bad guy here.

[–] Kotton@lemmy.ml 6 points 1 year ago

When are they going to rebrand to 2facedbook?

[–] super_user_do@feddit.it 5 points 1 year ago

America fuck yeahhh 🇺🇸🇺🇸🇺🇸🦅🦅🦅🦅

[–] FrankTheHealer@lemmy.ml 5 points 1 year ago

"I gUeSs IlL use ThReAdS. WhAts ThE hArM" /s

[–] GraceGH 4 points 1 year ago

Jesus Christ, we really do already live in hell don't we

[–] Mikina@programming.dev 4 points 1 year ago* (last edited 1 year ago) (3 children)

I'm almost certain that if something like this happened to any fediverse instance - that a local police enforcement would contact the admin and asked for user's data, which they are required by law to provide or they would go to jail/get a hefty fine and possibly a criminal record, they would do that too. That's also why E2E is required, to prevent such problems for instance admins - but then again, there's really nothing you can do against local law, and if it requires that you have to be able to cooperate, well... Then there's not much the admin can do, without putting himself in a real risk of prosecution, because he is breaking the law by have E2E.

That's also a good reason to be careful when selecting your home instance, and making sure that you choose one in a country that has all right laws in that regard.

Of course, that's assuming the police makes contact. I don't suppose that the admins would be searching through the DMs of people to snitch on them. And if Meta is doing that preemtively and is actively snitching on people - that's downright evil.

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