Privacy advocates say such searches are likely unconstitutional and have raised concerns about the data collected by such devices.
A person texting on their phone while driving. By Hamza Shaban Hamza Shaban Technology reporter Email Bio Follow March 18 at 3:34 PM Nevada is considering legislation that would allow police to test for cellphone use at the scene of a car crash. But the use of such technology to curb distracted driving also raises privacy concerns, and some critics contend it violates constitutional protections against unreasonable search and seizure.
The measure’s backers contend that existing distracted driving laws are nearly impossible to enforce. Though it’s illegal to text while driving in 47 states and the District, or use handheld devices behind the wheel in more than a dozen states, federal traffic safety figures show that distracted driving remains a persistent and deadly problem.Distracted driving contributed to 3,450 auto fatalities in 2016, according to the U.S. Department of Transportation.
Privacy advocates, including the American Civil Liberties Union, contend that law enforcement should not be allowed to use the tool without a warrant. Though the textalyzer has been cast as a “breathalyzer for texting,” the ACLU say it’s invasive and would violate Fourth Amendment protections against unreasonable search and seizure.
Cellebrite claims the textalyzer would not collect any personal data and would only identify the type of activity on a phone with an associated time stamp. The digital forensics company said the device would be able to tell whether an app was being used in hands-free mode.
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