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That is fucking insane, considering there are a million reasons why someone might not have a period (stress, could just be an irregular person, or literally no reason at all. Humans are not all the same). Or they could simply forget to input data into their calendar one time. Or they could simply decide that they don't want to use the app any more, then change their mind a few months later. This data would be circumstantial evidence at best, and if anyone is being convicted of a crime based on this data, I am extremely suspicious of the court system in that country/state.
And that's BEFORE we even talk about how it's a huge invasion of privacy.
And which governments are doing this?
The third world government of Texas for one. Whether they target my kid or not, better safe than sorry.
Ah, based on the original wording, I thought this was something that was already happening. As you said, absolutely better to be safe than sorry. Do everything you can to avoid being put in a situation where you need to figure out if this will hold up in court. I want to believe it wont, but who tf knows with how this world is these days.
A US state has already subpoenaed Facebook for Messenger texts to prove an abortion case. It's not speculative.
I read about that case, but if I am understanding that correctly, in those messages someone admitted to having an abortion. Having evidence of something happening and not having evidence of something not happening (e.g. a gap in period tracking data) are pretty different in the courtroom. I was specifically asking about subpoenaing period tracking data, citing a gap in the data as evidence of anything. If that held up in court, I would lose any remaining faith that I had in whatever government this happened under, because from a purely logical point of view, lack of data is not evidence of anything.
Police prefer that criminal cases are resolved by compelling a confession. If a woman is told by the police they have her period data, most people would crack in that situation. Whether it holds up in court is mostly irrelevant.
It should go without saying, but never talk to police and if you're being interviewed, insist on invoking your 6th amendment right to an attorney and your 5th amendment right to remain silent. And don't engage with anything the police say.
Fair enough. I guess I'm thinking from a purely logical proof standpoint. I am a programmer, so that tends to be how I think. But yeah, there are way more variables beyond that.
There is considerable concern this will happen in the US post-Roe.
Circumstantial evidence can still be enough evidence to start an investigation, in pursuit of more solid evidence.
Normally this would be a reasonable course of action in proving someone guilty of a crime. However, here the law is completely unreasonable, and the process is being exploited.