OFF THE WIRE
It looks like cell phone privacy really is a thing of the past as New
York prepares to pass a bill allowing police to steal people’s cell
phone data.
A bill currently working its way through the New York state
legislature that 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.
“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.”
Most states have laws banning the use of mobile devices while
driving, but these laws are rarely enforced unless the person is
actually caught in the act or admits to the police officer that they
were using their phone while driving.
Technology now exists that would give police the power to plug drivers phones into tablet-like devices,
“textalyzers” 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 on your phone. Police officers could download all
the data at any location.
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.
“This is a concern because our phones have some of our most personal
and private information — so we’re certain that if this law is enforced
as it is proposed, it will not only violate people’s privacy rights, but
also civil liberties.”
Tennessee and New Jersey are also considering similar legislation.
