New York has proposed a first-of-its-kind legislation that would force drivers to submit their phones for testing following a collision. A new “textalyzer” device would help authorities determine whether someone involved in a motor vehicle accident was unlawfully driving while distracted. It would also be a huge violation of the Fourth Amendment.
The new technology is being developed by the Israeli firm, Cellebrite. This is the firm believed to have assisted the FBI in unlocking the iPhone used by one of the San Bernardino County shooters. Apple had refused to help lift the phone’s security features.
“From the beginning, we objected to the FBI’s demand that Apple build a backdoor into the iPhone because we believed it was wrong and would set a dangerous precedent,” Apple said in a statement.
Allegedly, the textalyzer would not reveal the content of tested phones. Conversations, contacts, numbers, photos, and application data would remain private. Its sole purpose would be to determine if the phone had been in use prior to an accident. Police officers would still need additional testing to determine whether the usage was via hands-free technology, and also to confirm the original findings of the device. This analysis could still require a warrant to be obtained. So far nothing has been said about how an officer would determine who had used the phone if passengers were present. It seems like even if it weren’t true this would be most people’s first line of defense.
The legislation was prompted by intense lobbying from the group Distracted Operators Risk Casualties (DORCs). Co-founder Ben Lieberman’s son was killed in an accident where the driver’s subpoenaed mobile phone records showed he had been distracted while driving. 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. 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.”
As a mobile forensics firm, Cellebrite already has the technology to “scrap” the contents of a phone via roadside devices. They would actually need to scale this technology back a bit to keep from infringing on people’s right to privacy, which is actually scary to think about.
I don’t trust any agency to restrict themselves to protect my rights when they think the end result will justify the means. If there is a better way to prove someone is guilty of a crime, you can bet police will try to find ways to use it.While this is a noble goal, it should give us all pause about how far we’re willing to go for a perceived sense of safety.
If the legislation passes, Cellebrite would still have to bid on the project, as would other tech firms. Motorists involved in an automobile accident could risk losing their license if they refuse to submit their cell phone for the scan.
Featured image via Cellebrite
