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View Full Version : First came the Breathalyzer, now meet the roadside police “textalyzer”



Teh One Who Knocks
04-12-2016, 11:39 AM
by David Kravets - ars technica


http://i.imgur.com/Ds49LRu.png

We're all familiar with the Breathalyzer, the brand name for a roadside device that measures a suspected drunken driver's blood-alcohol level. It has been in use for decades. Now there's a so-called "textalyzer" device to help the authorities determine whether someone involved in a motor vehicle accident was unlawfully driving while distracted.

The roadside technology is being developed by Cellebrite, the Israeli firm that many believe assisted the Federal Bureau of Investigation in cracking the iPhone at the center of a heated decryption battle with Apple.

Under the first-of-its-kind legislation proposed in New York, drivers involved in accidents would have to submit their phone to roadside testing from a textalyzer to determine whether the driver was using a mobile phone ahead of a crash. In a bid to get around the Fourth Amendment right to privacy, the textalyzer allegedly would keep conversations, contacts, numbers, photos, and application data private. It will solely say whether the phone was in use prior to a motor-vehicle mishap. Further analysis, which might require a warrant, could be necessary to determine whether such usage was via hands-free dashboard technology and to confirm the original finding.

The legislation was prompted by intense lobbying from the group Distracted Operators Risk Casualties (DORCs). The son of its co-founder, Ben Lieberman, was killed in 2011 by a distracted driver in New York. The proposed law has been dubbed "Evan's Law" in memory of 19-year-old Evan Lieberman.

"When people were held accountable for drunk driving, that's when positive change occurred," Lieberman said in a press release. "It's time to recognize that distracted driving is a similar impairment, and should be dealt with in a similar fashion. This is a way to address people who are causing damage."

Cellebrite already has roadside devices to scrape the contents of a phone, so this technology would just dial it back a bit. If the legislation passes, Cellebrite would have to bid on the project, as would other tech firms.

"Cellebrite has been leading the adoption of field mobile forensics solutions by law enforcement for years, culminating in the formal introduction of our UFED FIELD series product line a year ago," Jim Grady, Cellebrite's CEO, said in a statement. "We look forward to supporting DORCs and law enforcement–both in New York and nationally to curb distracted driving."

The law, which is before the New York Senate Transportation Committee, would recast the motor-vehicle driving law to make it so that motorists give "implied consent" for "determining whether the operator of a motor vehicle was using a mobile telephone or portable electronic device at or near the time of the accident or collision, which provides the grounds for such testing. No such electronic scan shall include the content or origin of any communication, game conducted, image or electronic data viewed on a mobile telephone or a portable electronic device."

Police will inform motorists involved in an accident that "the person's license or permit to drive and any non-resident operating privilege shall be immediately suspended and subsequently revoked should the driver refuse to acquiesce to such field test."

According to the Centers for Disease Control and Prevention, each day in the US nine people die and more than 1,153 are injured because of distracted driving accidents. That's roughly 20 percent of mishaps caused by distracted driving.

"The facts regarding distracted driving are startling," said Republican New York Senator Terrence Murphy, who is one of the proposal's backers.

The cause of the accident that killed Evan Lieberman was discovered after the Lieberman family subpoenaed the mobile phone records of the driver involved in the crash, which showed that the motorist was allegedly distracted while driving.

PorkChopSandwiches
04-12-2016, 03:23 PM
Because you couldnt just check a time stamp of the last text

fricnjay
04-12-2016, 04:56 PM
This does seem evasive. The 4th Amendment should protect you from even handing over your phone without a warrant much less them do a scan of it.

Pony
04-12-2016, 06:07 PM
This does seem evasive. The 4th Amendment should protect you from even handing over your phone without a warrant much less them do a scan of it.

If you don't forfeit all your rights the terrorists win. We must protect the children!

PorkChopSandwiches
04-12-2016, 06:18 PM
FJ is such a racist

fricnjay
04-12-2016, 06:27 PM
:lmao: :dance:

DemonGeminiX
04-12-2016, 06:46 PM
Ok, here we go (I'm paraphrasing something else because my original statement was going to come out very insultish-like):

Driving is a privilege. Driving is not a constitutional right. You get your license based on the skills you have to drive safely and based upon your agreement to follow the rules that are set by the state and/or federal government. After you get your license, it is up to you to continually demonstrate your ability to drive safely and to follow the rules that have been set forth by aforementioned government(s). Most agreements that you sign have clauses included stating that you agree that your particular government(s) has(have) the right to alter the rules and requirements that they expect their licensed drivers (i.e. you) to follow. It has been determined that driving while intoxicated is extremely dangerous and therefore has been made illegal. It has been upheld by the Supreme Court that Breathalyzer tests are legal. You might not like it but it's a smart move. Studies have shown that texting or otherwise using devices while you are driving is also dangerous. The government has seen fit to make texting while driving or otherwise using an electronic device in a way that would take your attention away from the task at hand illegal. Because they have the right to change the rules which you agreed to follow when applying for and receiving your license, you are now bound by the new rule that thou shall not text and drive. I'm certain that if this went to the Supreme Court they would find in favor of using a "textalizer" using all case law regarding the Breathalyzer as precedent. Keep in mind that they're not checking your messages or data... the device is just checking whether or not your device was in use while the car was in motion with you driving it. This is not the same as looking through your personal data, which they would actually need a warrant to do.

Muddy
04-12-2016, 06:49 PM
:hitler:

DemonGeminiX
04-12-2016, 06:56 PM
Sorry, but to me it's a no-brainer. I've had two friends die while riding motorcycles. One of them was killed by a teen that blew through a stop sign at a four way intersection because she wasn't paying attention to the road. What was she doing? You guessed it... texting while driving.

It's a minor inconvenience to those who have nothing to worry about.

Pony
04-12-2016, 09:47 PM
If someone causes an accident or injury while driving, it's very fast and easy for the cops on scene to get a warrant. Forcing someone to hand over their phone for searching when they stop you for a minor violation without a warrant or probable cause to do so is infringing on the individuals rights and potentially incriminating oneself. Driving a car or walking down the sidewalk, it makes no difference. What if someone had pulled over and texted minutes before getting stopped or in an accident? They would automatically assume you were driving while texting and that had caused the accident, good luck proving otherwise in court.

What if every time you encounter a cop he scans your cars computer and writes you a handful of tickets for going 2-5 MPH above the speed limit minutes,hours or even days before? Bottom line is If there is no video, no witness and no warrant, they have no legal reason to search your phone. Same as many judges that have said there must be an officer present to witness law breakers at speed and red light cameras.

deebakes
04-12-2016, 11:55 PM
just be a law abiding citizen :shrug:

Griffin
04-13-2016, 01:56 AM
Phones should automatically disable when a vehicle is in gear.

...or the vehicle should disable if a phone is in use while in motion.