It’s about 1,500 miles from Austin to Sacramento, but Texas and California lawmakers are a million miles apart on how to treat private data related to reproductive health.
in February, which aims to prevent the sale and distribution of abortion pills like mifepristone and misoprostol. But it doesn’t stop there: The bill would make it illegal to “provide information on how to obtain an abortion-inducing drug,” including making or maintaining websites or creating and distributing apps on the topic.
The bill encourages people to notify ISPs of abortion-related content and “request that the provider block access to the information or material.” Intermediaries like ISPs are acutely vulnerable to improper censorship pressures because they lack any incentive to defend users’ First Amendment rights, particularly when removing that speech keeps them from being sued.
People march for abortion rights from Pershing Square to City Hall in Los Angeles, on April 15, 2023—one day after the U.S. Supreme Court temporarily preserved access to mifepristone, a widely used abortion pill, in an 11th-hour ruling preventing lower court restrictions on the drug from coming into force.
Newsom, at the same time, enacted another law barring healthcare providers from honoring other states’ subpoenas for medical information on a person seeking abortion care.
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