New York State is considering legislation that would allow police officers to administer a “textalyzer” test to determine whether or not a driver was using their cellphone prior to an accident. The bill has opened up a new front in the debate over safety vs. privacy.
Like many states, New York already has laws on the books prohibiting texting and driving. But just like other states, a huge number of accidents involving drivers distracted by their cell phones still occur. Now the company behind the Textalyzer claims that they maybe be able to give police officers another enforcement tool and another reason for drivers to keep their attention on the road.
According to the proposed bill, a field test of mobile telephones and portable electronic devices may be conducted “after a motor vehicle accident or collision involving damage to real or personal property, personal injury or death.” The language of the bill does not currently seem to allow a textalyzer test to be given for other incidents like a lane violation.
New York Governor Andrew Cuomo has asked the Governor’s Traffic Safety Committee to look in to the technology to see if it would be a good idea for his state and to look in to privacy and civil liberty concerns that are already being raised.
While the company claims that no personal information is accessed when the device is plugged in to someone’s phone, there are still numerous other privacy concerns.
When the textalyzer is used, it needs to stay plugged in to a person’s phone for about a minute. It will then be able to show what apps that person was using leading up to the crash. The manufacturer claims that the device would not be able to access any person information, pictures, emails, or browsing history – just which apps were in use and whether a person was using their phone in a ‘hands-free’ mode.
Anyone who refuses to let authorities scan their phone would be subject to penalties including possible license suspension.
Privacy advocates question why the device is needed at all since law enforcement already has a means of gaining access to a person’s phone by getting a warrant.
The bill is being informally called “Evan’s Law” after a 19-year old who lost his life in a car crash where the driver of the car was texting. His father, Ben Lieberman has been an advocate for the textalyzer legislation.
Leiberman claims that he understands people’s privacy concerns, but that they’re misplaced. He claims that police won’t be able to get private details from a phone any more than they can from a breathalyzer.
“A Breathalyzer doesn’t tell you where you were drinking, or whether it was vodka or Jack Daniels — just that you were drinking,” he said according to Business Insider. “This is the right balance between public safety and privacy.”
Leiberman went on to explain that while police can get a warrant to search a phone, it’s not as easy as it sounds.
“We often hear, ‘just get a warrant’ or ‘just get the phone records,’ [implying] that the warrant is like filling out some minor form,” he told NPR “…In New York, it involves a D.A. and a judge. Imagine getting a D.A. and a judge involved in every breathalyzer that’s administered.”
But despite all assurances, privacy and civil liberty advocates are still worried that the devices could be used to obtain personal data. They claim that there’s no way to guarantee that the device would be able to scan a phone without collecting any private information.
“I am extremely nervous about handing a cellphone to a law enforcement officer and allowing them in any way to forensically analyze it,” said Rainey Reitman of the Electronic Frontier Foundation. “This is a technology that is incredibly problematic and at the same time is unnecessary.”
Source: gobytrucknews, nysenate, npr, businessinsider, forbes, abcnews
I see 7 out of 10 motorists in some way handling their phone, every single day. I watch people weave out of their lanes, and see someone having to slam on their brakes at least once a month.
People on their phones while driving, is an epidemic of appalling proportions in this country. Something needs to be done. And it needs to be done swiftly.
I agree that something needs to be done. But we need to be extremely careful how we address this problem or some will call an epidemic. I don’t want this problem to just another door for the Federal Government and Local Government to invade our Personal Privacy under the umbrella of Safety. Just like Gun Control. Our Politicians are quick to point the finger at the Gun and do nothing to the individual that used a gun as a weapon to commit a crime. If the phone manufacturers and engineers that designed the mobile phones were to make it so that the phone texting would be disabled while the vehicle was in motion like the app “Waze”. If the creators of this app can design it’s program to not allow a driver to enter text while the vehicle is in motion then why can’t the phone manufacturers do the same? I think it would be because of political backlash from big money manufacturers and our politicians can’t have that. Our Government has far too much control of our lives all ready and it bothers me that the moment that something tragic happens that they figure out a way to exploit it in order to chip away of our rights to privacy. when will all of this end?
What about when your passengers want to use their phones or in my case get my wife or kids to answer and send messages for me when driving
If they were using and answering your texts, it is much more likely that you are not in an accident and paying attention to the frickin road like you should be..!
It’s a transitional phase between the time before cell phones and autonomous vehicles. Soon, it won’t matter because the car will drive itself, leaving the rider to do anything shhe wants.
Yeah. this part is pathetic!
“Those who surrender freedom for security will not have, nor do they deserve, either one.”
― Benjamin Franklin
Respectfully, you don’t see or care about the bigger ramifications of privacy or needing a Warrant to search your home or your personal cell phone which probably contains banking stuff, etc. Your must live in fear under the “WHAT IF” theory.
I hate to see people texting etc. and driving. I’m a truck driver and I see it constantly every day. But my main concern is timing. They may be able to look and see what was recently open at exactly what time on your phone, but they don’t have an exact record of the time the infraction occurs versus phone use unless it’s caught on a traffic camera or something similar. I see this inadvertently causing innocent people to be charged as well as letting the guilty go free.
Not to advocate for this device, but they could easily track the speed of the phone’s GPS and the exact coordinates (95% of the time) at the time of the last used app. I mean, if they wanted to.
I agree it is a privacy issue. The government wants more access to what we are doing. I understand texting is bad, but there are other ways to handle it.
It better be done to All 4 wheelers as well. Hell I see LEO’s texting and driving. Really? Texting an driving need a to be reclassified in same class as “driving impaired” IMO
It is a absolute epidemic that needs to stop and stop NOW!
People can just about drive normal let alone with a major distraction of texting. I worked in the automotive industry for many years with the likes of BMW and MB and the technology has progressed in just the safety aspect in such a helpful way to avoid crashes and even can sense if your dozing off and quickly alert you by a vibration in the steering wheel and then it will take corrective action to put the car centered in the lane it is in.
Also DBC short for dynamic brake control or collision avoidance wich will bring your car to a complete stop even if you didn’t hit your brakes.
So if the technology is out there for the ability of a car to self park itself then why can’t phone manufacturers be required to make their phones so when there is movement of the vehicle it automatically shuts down its texting ability. GPS senses your movement even while walking so this is very simple to do with some minor criterias that this only happens to the driver. This is just one possible way with many others that I can think of that are very inexpensive to consider.
Enforcement after the fact of a possible death or crash is not what should be the main focus.
Yes we have rights but when your on the road it’s a privlage your granted that have rules to protect everyone else and especially those who follow them in the first place in the interest of safety and avoiding major destruction and death. I drive a vehicle capable of weighing as much as 80k and the last thing I need is someone running into me because he can’t keep their eyes on the road. These machines kill and cause all kinds of injurys that last a lifetime.
My personal viewpoint is if the phone was designed to shut the texting feature down while driving then there would be a lot of $$$$$ for the Judges, Lawyers,Police,medical and etc. lost. So perhaps this may be the real reason there is NOT a push for nipping it in the bud in the first place.
In the meantime it comes down to the DRIVER and following the rules of the road and being respectful and courteous to others out there.
Especially to family’s transporting our future generations of adults.
It starts early and by example and can lead to safer roads.
SO DONT TEXT AND DRIVE!
Especially you TRUCKERS OF WHICH I AM ONE!!!! Safety First should be your only creed!
Some call it a violation of our rights, but no one has right to do wrong. I value our rights as much or more than the next guy, HOWEVER, with rights we have responsibilities. I also agree that there is too much STATE intervention and abuse of our rights, but when people will NOT be responsible than those we pay to serve and protect our rights also have a duty to keep us safe. Granted an after the fact textalyzer will not stop or prevent the accident but prayerfully it will be a reminder to those who violate and possibly harm and/or kill the innocent. It is a good idea as long as we police the police and hold them accountable if and when it becomes intrusive on our rights and they do not turn it into a money grab. If it saves one life, it will be worth it! It is a fine line!
Why not pass a law forcing phones to be made inoperable while in motion? For generations we’ve driven without phones, there not needed in a car. 911 service could be the only function that works while in motion.
So, when I’m a passenger, I can’t text or do anything? Or how about on the subway or bus? Or, if I as the driver hand my phone off to a passenger? Absurd. We have no real way of tracking usage of a driver vs a passenger/rider. That’s the reason it’s not implemented.
Do what we used to do and have normal conversations ! what a concept…!
Because passengers .. in a car, in a bus, in a train.
driver seat shutdown only….! If ya wanna get technical.
THANK YOU..! CASE AND ISSUE RESOLVED RIGHT THERE…! They need to stop putting all these stupid computers and shit in the car that accomodate the damn phone. Safety features, fine, but all this other crap has to go..!!
What’s next? Can’t smoke and drive? Can’t drink a sip of water and drive? Can’t think and drive? Can’t fart and drive? Can’t turn and drive? Can’t breathe and drive? Can’t look out the windshield and drive? Heaven forbid I talk to a customer to clarify directions and drive?
Screw that! You should’ve confirmed that before u left..! When u get closer, get off the road and do your damn chit-chat..!
I am protracted by The Fourth Amendment; meaning, I am secure in the privacy of my person, place or things. Also, The Fifth Amendment, where I do not have to bear witness against myself.
It is the burden of The State to establish probable cause whether a crime either has been, in the process or will be committed.
With that said, I will never surrender my cell phone to an officer for him/her to go on a fishing expedition.
There is already a “textalyzer” nation-wide, its called a “WARRANT an activity log from the service provider”.
This device would require a BACK DOOR in the OS to operate without unlocking the phone. If this “textalyzer” can bypass the lock, anyone that knows how the device works can.
How does it matter if the driver who causes an accident was texting or they were searching for something in a glovebox or playing with A/C settings? They still will be responsible for the accident – what caused them to not pay attention is irrelevant.
If this is about checking if they were texting without causing an accident (weird driving on the road etc. similar to if they were driving drunk) there are already systems for it – cameras, radar cameras – they use this in many countries around the world to prove drivers were texting.
I see no benefit to knowing they were texting prior to an accident, they could have just been playing with a radio or A/C .. makes no difference.
As truck drivers we see how huge the problem of texting, scrolling, watching movies on, or otherwise fiddling with the smartphone, really is. It seems to be an addiction. People walk into light poles, fall into manholes and fountains, they walk off of the piers. They are constantly hunched over. Friends sit at a table and each one is hunched over her phone, or at least holding it in the ready position and constantly checking the screen. It is no wonder that they can’t put them away while driving. No fine, no matter how high, and no textalizer will change that. Even the threat of jail won’t stop it, just like it can’t stop a drug addict. That phone gives the brain a shot of dopamine. It is a quick and easy shot of dopamine and the brain is constantly looking for that fix. This is a new sickness. It is a pandemic. I just returned from a month long vacation in Europe. It is the same there. It is the same everywhere.
Very well written, logical, rational, and I’m in total agreement! Thanks the world needs more people that have this type of thought process and can communicate it effectively.
I have seen many truckers driving on our freeways while punching numbers into their cell phones. I was an OTR for more than half a century and have become appalled at the habits of the modern highway rig operators. Truck drivers were once regarded as the true professional drivers. Today, they are as much of a danger as most four wheelers. Yes, if the OTR is involved in an accident, the police should be checking their cell phones.