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Nevada Lawmakers Want Police To Scan Cellphones After Car Crashes (apnews.com)
An anonymous reader quotes the Associated Press:
Most states ban texting behind the wheel, but a legislative proposal could make Nevada one of the first states to allow police to use a contentious technology to find out if a person was using a cellphone during a car crash... If the Nevada measure passes, it would allow police to use a device known as the "textalyzer," which connects to a cellphone and looks for user activity, such as opening a Facebook messenger call screen. It is made by Israel-based company Cellebrite, which says the technology does not access or store personal content. It has not been tested in the field and is not being used by any law enforcement agencies. The company said the device could be tested in the field if the Nevada legislation passes...
Opponents air concerns that the measure violates the Fourth Amendment, which protects against unreasonable search and seizure. Jay Stanley, a senior policy analyst at the American Civil Liberties Union, also raised questions over how the software will work and if it will be open sourced so the public can ensure it doesn't access personal content...
Law enforcement officials argue that distracted driving is underreported and that weak punishments do little to stop drivers from texting, scrolling or otherwise using their phones. Adding to the problem, they say there is no consistent police practice that holds those drivers accountable for traffic crashes, unlike drunken driving.
Opponents air concerns that the measure violates the Fourth Amendment, which protects against unreasonable search and seizure. Jay Stanley, a senior policy analyst at the American Civil Liberties Union, also raised questions over how the software will work and if it will be open sourced so the public can ensure it doesn't access personal content...
Law enforcement officials argue that distracted driving is underreported and that weak punishments do little to stop drivers from texting, scrolling or otherwise using their phones. Adding to the problem, they say there is no consistent police practice that holds those drivers accountable for traffic crashes, unlike drunken driving.
While I would say yea, lets do this to catch the fucking knobs that I constantly see texting and driving, I am 100% certain people are going to be falsely accused because how are they going to verify that it was not a hands-free call or text? This is going going to end well.
The law these days has become nothing but an automatically guilty upon accusation without due process cliche. We cannot have the innocent suffering just to catch the assholes, despite the fact that the world at large has a mostly guilty until proven innocent bias!
As long as they obtain a warrant first.
If this was about busting people for texting and driving, a cop could stand by the side of the road while his partner is two blocks up in the cruiser and they'd probably get somebody every five minutes. You and I see it constantly while we're driving around. Just watch people start at their phone, doing the thumb dance as they drive by. For bonus points, have a camera that shows what the cop saw.
Cop who sees rhe texting driver (and has it on video) radios his partner to light them up.
If you want to do it with less manpower, just have the cops keep an eye out for texting and driving while they do their usual patrol. I see drivers doing it, you see them. Cops can see them too.
This law clearly is not about enforcing texting and driving; there is something else going on here.
"This law clearly is not about enforcing texting and driving; there is something else going on here."
Yes, this would make a great prelude to opening full legalize search and seizure of all data on peoples phones as well. I did not actually consider that in my first post but you definitely bring up a great point. Almost all laws today are now end runs around civil liberty just so a dossier of citizens can be built so they can charge you with criminal liability for about 100 laws just to scare you into accepting a plea deal. Because everyone knows that citizens are so damn dumb that risking their life in a trail by jury is a risky proposition. Most American citizens will now happily render a guilty verdict just their precious time being wasted having to serve on a jury. There are a lot of self-righteous hypocrite bastards out there.
Obviously, you need two devices ... one to be handed to the pig-filth, the other that's OFF while driving and which contains your real data.
Law enforcement officials argue that distracted driving is underreported and that weak punishments do little to stop drivers from texting, scrolling or otherwise using their phones. Adding to the problem, they say there is no consistent police practice that holds those drivers accountable for traffic crashes, unlike drunken driving.
What would this tech do to change the above?
"It is made by Israel-based company Cellebrite, which says the technology does not access or store personal content."
Of course it doesn't access your personal data, because that would be wrong! *cough* *cough*
And you can certainly trust Cellebrite, they surely would have no reason to fib, right? RIGHT?
Just cruising through this digital world at 33 1/3 rpm...
Yeah, it's about determining whether a driver's texting, or phone usage was a contributing factor in a car accident they were involved in after the fact. This has ramifications for determining if extra charges need be levied against the driver in a criminal case, or determining liability in civil litigation like a wrongful death suit. Put away the tinfoil hat.
Good lord! Their tagline is "Promoting Safe and Productive Automotive Technology" which is the exact opposite of what they're doing.
We have a charge where I live called "careless use of a motor vehicle" and I think anyone with one of those could be charged with exactly that.
Could be because the police want to set a legal precendent where they can scan any phone at the "scene of the crime", no warrant or justification required. Also what happens if they can't get into your phone? Are you required to assist them? Do you go to jail if you don't?