New York Considers Polarizing 'Textalyzer' to Combat Distracted Driving
The state of New York is preparing to study the use of a device known as a “textalyzer” that would allow police to determine whether a motorist involved in a serious crash was texting while driving. Governor Andrew Cuomo announced Wednesday that he was encouraging the Governor’s Traffic Safety Committee to examine the technology’s usefulness, as well as the privacy and constitutional questions it could raise.
Named to be intentionally reminiscent of the breathalyzer, likely for marketing purposes, the textalyzer is framed by its designers as a device intended to identify whether a driver was interacting with their phone prior to a serious crash. However, there’s technically nothing stopping others from using this technology during a routine traffic stop down the line.
Last year, New York Senator Terrence Murphy and Assembly Assistant Speaker Felix Ortiz partnered with Distracted Operators Risk Casualties (DORC) to propose a bill that would allow authorities to examine phones at an accident site. The move created a backlash from digital privacy advocates, who believe the device is an invasion of personal liberties. Governor Cuomo has been supportive of the DORC in the past and has made the elimination of distracted driving a personal project.
“Despite laws to ban cellphone use while driving, some motorists still continue to insist on texting behind the wheel — placing themselves and others at substantial risk,” Cuomo said in a statement first reported by The Associated Press. “This review will examine the effectiveness of using this new emerging technology to crack down on this reckless behavior and thoroughly evaluate its implications to ensure we protect the safety and privacy of New Yorkers.”
New York banned the use of hand-held devices for all drivers in 2009. It’s one of 14 states to have implemented such a ban. However, 47 states and Washington, D.C., have a strict no-texting-while-driving policy.
Privacy and civil liberties groups already have questioned whether the textalyzer would violate personal privacy, specifying that police are traditionally required to obtain search warrants before looking at a person’s phone. The device’s creator, Cellebrite, claims the unit would be able to analyze if a person was using the internet, texting, calling, or browsing apps, but would not have access to specific any specific data when completed. A finished product is months away, however.
“I am extremely nervous about handing a cellphone to a law enforcement officer and allowing them in any way to forensically analyze it,” says Rainey Reitman, of the Electronic Frontier Foundation. “This is a technology that is incredibly problematic and at the same time is unnecessary. There are already legal avenues for a police officer.”
A committee will hear from supporters and opponents of the technology, law enforcement officials, and legal experts prior to issuing a report on the device’s usefulness, Gov. Cuomo’s office said.
“We were the first state to adopt a motorcycle helmet law, a seat belt law for front-seat passengers and a cell-phone law,” said Terri Egan, executive deputy commissioner of the state’s Department of Motor Vehicles, who is the acting leader of the committee. “We want to make sure we consider all the impacts of the technology carefully to best ensure public safety and effective enforcement of the law.”
Whether or not the technology is deemed effective, texting and driving remains a problem. New York’s Traffic Safety Management and Research estimates 12 fatalities and 2,784 injuries can be attributed to cell-phone related crashes between 2011 and 2015. Officers had also issued 1.2 million tickets for cellphone usage violations within that timeframe.
Senator Murphy is an advocate of the textalyzer. His earlier proposed bill outlined rules for how such a device would be used by police departments — including a stipulation where motorists who refuse to hand over their phones to officers could have their licenses suspended. He believes it’s only a matter of time before New York and other states adopt the technology.
“It’s not if, it’s when,” he claimed. “This will literally save lives.”
A staunch consumer advocate tracking industry trends and regulation. Before joining TTAC, Matt spent a decade working for marketing and research firms based in NYC. Clients included several of the world’s largest automakers, global tire brands, and aftermarket part suppliers. Dissatisfied with the corporate world and resentful of having to wear suits everyday, he pivoted to writing about cars. Since then, that man has become an ardent supporter of the right-to-repair movement, been interviewed on the auto industry by national radio broadcasts, driven more rental cars than anyone ever should, participated in amateur rallying events, and received the requisite minimum training as sanctioned by the SCCA. Handy with a wrench, Matt grew up surrounded by Detroit auto workers and managed to get a pizza delivery job before he was legally eligible. He later found himself driving box trucks through Manhattan, guaranteeing future sympathy for actual truckers. He continues to conduct research pertaining to the automotive sector as an independent contractor and has since moved back to his native Michigan, closer to where the cars are born. A contrarian, Matt claims to prefer understeer — stating that front and all-wheel drive vehicles cater best to his driving style.
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In NY, the rule can be reduced to "touch it and die". Its a five point offense. Most appear to be written in NYC, where the cop stands in the street, and all the folks who check texts at lights get tickets. Worse, no deals in NYC, so you eat the five points. This is designed to produce Driver Assessment taxes, which come in at six points, so phone plus turn signal is $375 to DMV. Cells used to be no points...then two...then three...and by executive order of Gov. Cuomo, now five. The Cuomos view the motorist as an endlessly abusable resource...we kept 55 way past time, and our 65 roads should be posted 70 or 75...but notgonnahappen, there is too much money out there. I only get annoyed when I see someone in a car you KNOW has bluetooth not using it.
USA - been riding the safety train to tyranny one "there ought to be a law against that" and "what about the children" at a time. Life is dangerous. People are idiots. Deal with it.