CAHN: I think there will be many laws that go far further than would have seemed possible not long ago, but they won't be federal. They'll be state and local.

We've seen this stalemate on privacy for years at the federal level, and layering on the impact that these protections have for abortion will only polarize it further.

But we can see states like New York poised to enact really groundbreaking protections. We have the first bill pending in the country that will ban all geofence warrants, keyword warrants and police purchases of similar data. And that bill has been gaining momentum, and I expect will pass either in a special session later this year or early next year.

We also could see states enacting what I think will be crucial protection against data collection by companies. Companies get sued for negligence if they have poor cybersecurity practices, and they should get sued for negligence if they store data in a way that puts their users at risk of a geofence warrant, keyword warrant or a similar digital dragnet.

There are lots of companies -- like Apple for example, which has many shortcomings in its privacy protections, but it cannot be forced to comply with a geofence warrant because it does not store its data in that format. If we have a state law that allows the public to sue when companies store data in this way, we can effectively outlaw geofence warrants nationwide.