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New York eyes a 'breathlyzer' for texting while driving

timesunion.com

21–30 of 51 posts

Re: New York eyes a 'breathlyzer' for texting while driving

#21

How soon before Apple and Google patch whatever mechanisms this tool is using to check phone activity? Since my phone uses Qi charging, maybe I see a value in epoxying my USB port...

My exact thought. The way they describe it, it sounds like they just plug it in and it can get usage data? If no confirmation is required on the device itself, that sounds like a security vulnerability to me.

Re: New York eyes a 'breathlyzer' for texting while driving

#22

How soon before Apple and Google patch whatever mechanisms this tool is using to check phone activity? Since my phone uses Qi charging, maybe I see a value in epoxying my USB port...

Take it a step further and put a USB killer inside the phone!

https://arstechnica.com/gadgets/2016/12/usb-killer-fries-dev...

Re: New York eyes a 'breathlyzer' for texting while driving

#24
post #9

This will be struck down by the courts so fast the ink won't even be dry. Your phone is the backbone of your life and contains pretty much all of your private information and allowing police to scoop all of that up without a warrant is blatantly unconstitutional.

at the rate of which laws are changing, I wish I could believe ideas like this would be immediately struck down however I suspect more laws like this will be created to our surprise on a consistent basis.

the chief argument being, the law needs tools to protect its citizens.

the sacrifice of privacy for security has been towards security on a consistent basis for a while now, I see no reason for that to change.

Re: New York eyes a 'breathlyzer' for texting while driving

#25
The article mentions this technology is still glitchy. But how will it ever become non-glitchy? Police will not be able to constitutionally require you to provide a passcode if the phone is locked and there is established case law to support this, so the device would have to scan the phone without a passcode.

Doesn't existing security on modern phones (the iPhone's secure enclave, for example) make this extremely difficult to do?

Re: New York eyes a 'breathlyzer' for texting while driving

#26
post #9

This will be struck down by the courts so fast the ink won't even be dry. Your phone is the backbone of your life and contains pretty much all of your private information and allowing police to scoop all of that up without a warrant is blatantly unconstitutional.

at the rate of which laws are changing, I wish I could believe ideas like this would be immediately struck down however I suspect more laws like this will be created to our surprise on a consistent basis. the chief argument being, the law needs tools to protect its citizens. the sacrifice of privacy for security has been towards security on a consistent basis for a while now, I see no reason for that to change.

At the rate which laws are changing? Can you be as specific as you can about the priors you're using to generate this conclusion?

Re: New York eyes a 'breathlyzer' for texting while driving

#27

Earlier quoted context omitted.

What if my passenger was making the call or text on my phone (which isn't uncommon, at least with my group of friends)? What if the texts were minutes before at a parking lot, while the car was off? How does anything but a copy actually seeing a cell phone in my hand while driving prove beyond a doubt I'm guilty?

E911 pings should provide moving speed at the time of the text. An officer is going to take your Driver's License, so they should should be able to differentiate between you and your passengers.

> E911 pings should provide moving speed at the time of the text.

Are E911 pings sent before you call 911?

> Modern Enhanced 911 emergency systems (E911) systems automatically track the locations of people who call 911. This technology saves lives, as it allows emergency services to know the precise locations of callers. Like most technology, E911 also has a sinister side. Using a tactic called E911 pings, police can make reverse 911 calls to determine the locations of any cell phone built after 1999

- https://21stcenturylocksmith.wordpress.com/2015/03/24/how-po...

seems to imply it only works when calling 911.

> An officer is going to take your Driver's License, so they should should be able to differentiate between you and your passengers.

They can really use my driver's license to differentiate between who was holding a phone a few minutes before? That's amazing!

Re: New York eyes a 'breathlyzer' for texting while driving

#30

It seems like there are a couple big issues with this. 1) What if your passenger was using your phone? 2) What if you using voice-commands to send a text (especially if via CarPlay, etc...)?

True, passenger in the car does blow a hole through this. But that's only something like 5% of cars, so it'd be easy to only target the other 95%.

Voice to text is certainly harder to prove right now.

To me (and I know this will be a controversial opinion) I feel this is something smart phone manufacturers should work together with the government on. A simple "has a text been manually entered in the last x minutes" read out feels like a non slippery slope that may save lives by proxy.

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