Oklahoma Abortion Law: Bloggers get it Wrong
The State of Oklahoma just passed legislation requiring that detailed information about every abortion performed in the state be submitted to the State Department of Health. Reports based on this data are to be made publicly available. The controversy around the law gained steam rapidly after bloggers revealed that even though names and addresses of mothers obtaining abortions were not collected, the women could nevertheless be re-identified from the published data based on a variety of other required attributes such as the date of abortion, age and race, county, etc.
As a computer scientist studying re-identification, this was brought to my attention. I was as indignant on hearing about it as the next smug Californian, and I promptly wrote up a blog post analyzing the serious risk of re-identification based on the answers to the 37 questions that each mother must anonymously report. Just before posting it, however, I decided to give the text of the law a more careful reading, and realized that the bloggers have been misinterpreting the law all along.
While it is true that the law requires submitting a detailed form to the Department of Health, the only information that is made public are annual reports with statistical tallies of the number of abortions performed under very broad categories, which presents a negligible to non-existent re-identification risk.
I’m not defending the law; that is outside my sphere of competence. There do appear to be other serious problems with it, outlined in a lawsuit aimed at stopping the law from going into effect. The text of this complaint, as Paul Ohm notes, does not raise the “public posting” claim. Besides, the wording of the law is very ambiguous, and I can certainly see why it might have been misinterpreted.
But I do want to lament the fact that bloggers and special interest groups can start a controversy based on a careless (or less often, deliberate) misunderstanding, and have it amplified by an emerging category of news outlets like the Huffington post, which have the credibility of blogs but a readership approaching traditional media. At this point the outrage becomes self-sustaining, and the factual inaccuracies become impossible to combat. I’m reminded of the affair of the gay sheep.