Safety vs. privacy: St. George News readers sound off on ‘Textalyzer’ device

ST. GEORGE — Police officers on the East Coast may soon have a new device for use at accident scenes – if legislation allowing its use passes in New York. The device, dubbed the “Textalyzer,” was developed to help officers determine whether distracted driving is a factor in crashes, occurrences that St. George News readers see on a regular occasion but which are rarely attributed to distracted driving…at least according to the drivers.

Named after the Breathalyzer, the device would provide officers with a fairly reliable way to make an on-scene determination of whether a driver was using a cellphone or handheld device while driving, much like the Breathalyzer provides officers with the ability to ascertain if a driver had ingested alcohol by providing a blood alcohol content reading.

And like the Breathalyzer, no warrant would be required for officers to connect the Textalyzer device to the driver’s cellphone to download information about smartphone usage. A driver’s refusal to allow testing could result in license suspension, according to legislation first introduced in 2016 in New York.

Other states, including New Jersey and Tennessee, are also considering similar legislation to allow the device to be used by law enforcement. A bill legalizing the device’s use has yet to be introduced in the Utah Legislature, but if it becomes law in New York, Utah may not be far behind.

The device looks similar to an iPad and would be connected to the driver’s mobile phone to scan for calls, emails or text messages sent when the driver would have been operating the vehicle.

While proponents of the Textalyzer, including traffic safety advocate organizations, say it would reduce needless deaths on the nation’s highways, opponents such as the ACLU say it is an abhorrent violation of privacy and goes against constitutional protections that guard against warrantless search and seizures.

St. George News asked its readers via a Facebook video last week if they would support the use of the Textalyzer for law enforcement as a tool to reduce distracted driving crashes or if the device is stepping over the line.

And readers stepped up, submitting over 200 responses. A majority of the reader comments posted on the video refer to privacy protection and the Fourth Amendment. One reader, Davis Johnson, listed the amendment in its entirety in his response:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Johnson’s comment garnered the support of more than 25 readers.

Amanda Amidan posted similar views when she wrote, in part, “Its a huge violation of privacy. I have no trouble complying if they have a warrant. (I’m) not about to just have my phone invaded.”

These comments echoed similar concerns in New York, both ethical and legal. In fact, New York Governor Andrew Cuomo directed the state’s Governor’s Traffic Safety Committee to “examine the effectiveness of … this new and emerging technology … and thoroughly evaluate its implications” to protect the privacy and safety of New York residents, according to a report by The Associated Press.

How much information is made available with the Textalyzer ?

Officials at Cellebrite, the Israeli-based manufacturer of the device, say the Textalyzer does not provide personal details such as text recipients or message contents, but instead registers screen clicks or swipes, timestamps and whether a message was incoming or outgoing.

Allowing officers full access to the phone and all details contained within the device was a concern with many of St. George News’ readers, including Dan Timpson, who wrote that officers “will look at more than just texts on your phone’s. A complete invasion of privacy.”

However, supporters of the technology say it will only reveal phone usage, not the content of what a motorist is doing, and if the phone is password-protected, the owner would have to unlock it first.

The question of whether the Textalyzer would be able to tell how the person was operating the device was also raised by reader Darrell Ream, who wrote, “Can this textalyzer tell if you have used hands free texting?”

The answer, according to the device’s developers, is yes. The Textalyzer can determine if the driver was using hands-free technology to respond to messages via voice-to-text, which would usually not trigger a traffic violation.

However, the importance of safety was also on display in the Facebook comments. Chris Crothers countered opponents of the device by writing “My safety while driving, trumps privacy of others.”

Textalyzer opponents say that phone records can already prove or disprove cellphone use, rendering the device moot. However, that may not be entirely true.

Obtaining phone records is not that easy and requires a warrant. Even then, there is a delay in obtaining the documents, and phone records don’t always provide sufficient information, potentially leaving gaps that do not provide the whole picture.

For example, only text messages sent would register on phone records, and the record would not show when a driver is taking selfies or using other apps to communicate. Cellbrite developers say the Textalyzer fills in these gaps.

However, many legal experts say the benefits offered with the new technology aren’t convincing enough, referring to a 2014 Supreme Court case, Riley v. California, in which the high court declared that law enforcement must have a search warrant to open a phone confiscated during an arrest.

How bad is distracted driving?

It is estimated that nine people are killed every day in crashes where distracted driving was determined to be a factor, according to the Centers for Disease Control. That equates to nearly 3,300 lives lost on average on the nation’s roadways each year.

In response to the death toll, the National Highway Transportation Safety Administration is working with cellphone manufacturers to provide a lockout function for drivers, similar to the “airplane mode” setting for flying. At this point, Apple is the only manufacturer to make good on the suggestion.

Apple’s iOS 11 launched a “Do Not Disturb While Driving” feature that prevents notifications while the phone owner is driving and notifies callers or text-senders that the driver is currently on the road.

The debate over whether the Textalyzer is a viable solution or another ineffective regulation is ongoing. It remains to be seen how the bill in new York bill will ultimately be received and whether other states will follow suit with similar legislation.

To see the St. George News video and all the reader responses, click here.

Email: cblowers@stgnews.com

Twitter: @STGnews

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