New York is considering legislation that would compel drivers to hand over cellphones for forensic analysis following car accidents.
Aimed at discouraging distracted driving and collecting evidence, the bill would allow police to quickly determine if cellphones may have been a contributing factor in collisions. Officers would be using technology developed by Israeli tech firm Cellebrite, according to an Ars Technica report.
The proposal raises concerns over violations of the Fourth Amendment, which protects citizens against unreasonable searches and seizures. Proponents claim Cellebrite's tool "completely avoids drivers' personal data" and is equivalent to an alcohol breathalzyer.
"I have often heard there is no such thing as a breathalyzer for distracted driving--so we created one," said Ben Lieberman, co-founder of Distracted Operators Risk Casualties (DORCs).
DORCs worked with New York State Senator Terrence Murphy and Assembly Assistant Speaker Feliz Ortiz to draft the legislation. The organization believes distracted driving is to blame for an increase in car crashes, though the most recent statistics are not yet final and no researchers have proven such a link.
"With our current laws, we're not getting accurate information because the issue is not being addressed at the heart of the problem--with the people causing the collisions," Lieberman added.
It is unclear how Cellebrite's technology will be able to determine if the driver had been texting, talking or using mobile apps, all without accessing any content. The draft legislation ( PDF) also avoids the subject of locked or encrypted devices, as drivers would not be required to provide their password or PIN. It is unlikely that any forensic tool would be capable of bypassing such protections for all devices.
Drivers who decline to hand over their cellphone would receive a temporary license suspension, consistent with 'implied consent' laws regarding breathalyzer refusal.
The bill must first pass through the committee stage before it is scheduled to receive formal votes.
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