“Any person who operates a motor vehicle in the state shall be deemed to have given consent to field testing of his or her mobile telephone and/or personal electronic device for the purpose of determining the use thereof while operating a motor vehicle, provided that such testing is conducted by or at the direction of a police officer.”
That’s language from the text of a bill currently working its way through the New York state legislature. The legislation would allow cops to search through drivers’ cell phones following traffic incidents — even minor fender-benders — to determine if the person was using their phone while behind the wheel.
Most states have laws banning the use of mobile devices while driving, though such laws are rarely enforced. This is largely because it’s nearly impossible to catch someone in the act. What person would admit to an officer that they broke the law, the argument goes, particularly when it’s after the fact? After all, cops don’t show up until after the accident occurs.
Now, technology exists that would give police the power to plug drivers’ phones into tablet-like devices — being called “textalyzers” in the media — that tell officers exactly what they were doing on their phone and exactly when they were doing it. And if the readout shows a driver was texting while driving, for instance, the legal system will have an additional way to fine them.
“Recording your every click, tap or swipe, it would even know what apps you were using. Police officers could download the data, right on the spot,” Jeff Rossen of NBC News said in a video report on the technology.
Proponents of the legislation point to the rise in traffic fatalities associated with using mobile devices while driving. But rights activists, such as Rashida Richardson of the New York Civil Liberties Union, says it’s a societal issue and no excuse to violate an individual’s privacy:
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Millions cheer!!
ReplyDeleteThere is not enough rope.
My phone is ancient. Good luck with that. SMDH
ReplyDeleteSo what? If you received a text that doesn't mean that you were reading it at the time of the accident. What if you were using "hands-free" mode and using your voice to dictate a text to someone? I use my Pixel hands-free all the time to send texts, I don't do it all the time but there has been an occasion or two.
ReplyDeleteSo once this legislation is passed, this will be one more intrusion of privacy. Next, they will be able to search your car because they found a text on your phone at the time that you pulled over, it will become a gateway crime to allow for a thorough search for things like freshly applied makeup and recently eaten hamburger wrappers. When will it stop?
They already can do this at all airports. TSA has lots of rights to your stuff.
ReplyDelete10:05 if they can see the time and length of a phone call they can determine if you were talking at the time.
ReplyDeleteinvasion of privacy and violates the 4th amendment. I can understand why texting and driving could be dangerous but talking on your phone is no more dangerous than changing the radio station or talking to a friend that is in your car. Also when cops start getting hands free devices and get off there cellphones then maybe things will change. I feel police violoate this law way to much. Very hypocritical. Need to start focusing on the real crimes like rape, murder, assult, and robbery.Thats what we pay law enforcement for.
ReplyDeleteTime for encryption - don't give out your passwords!
ReplyDeleteDoes this mean that if I'm driving and my cell phone rings and I ask my sin to answer it or text back and then we get pulled over, I am oresumed guilty of something?
ReplyDeleteIf I am in a friend's car as a passenger can LE aledge probable cause and search my phone for driver use?
Where does this lunancy end?
I have invented this new device - called the Equalyzer. When making a citizens arrest of LE officers it will download all LE personal conversations and texting while operating government owned assets.
ReplyDelete10:06 When leaving and entering the country, I back up my phone to the icloud (encrypted - need warrant to access) and wipe my phone. Once at destination or past TSA/Customs, I restore the phone from the back up. No data on my phone at anytime while subject to illegal search in airport. FYI - can still make/receive calls/texts but no contact info on phone.
ReplyDeleteIf this law is passed, I bet warranty claims for damaged phones increases. A dunk in a big gulp cup of water while being pulled over will kinda hinder the effectiveness of their textalyzer.
passed a guy the other day. He was texting with both hands driving down the road
ReplyDeleteThis is not new technology. If your ever in a questionable situation the only choice you have is to factory reset and wipe completely
ReplyDeleteI don't have a lot of confidence that the proposed law will stand up to a constitutional challenge.
ReplyDeleteAmerica is a great Country.
ReplyDeleteIsn't it?
Oh, OK well if you insist, yes, I will move (right away too) to Iran.
Then, I can get my head bashed in by clueless Muslim dudes.
I apologize. Really I do. Please let me stay.
I now realize that I must embrace the tyranny or else move to Iran to be murdered by desert dwellers.
That is the fate of those of us who criticize this evil Empire.