LoTempio P.C. Law Group
Call Us For A Free Initial Consultation 716-427-6683
Search
LoTempio P.C. Law Group

The textalyzer: valuable deterrent or invasion of privacy?

You undoubtedly know what a Breathalyzer is - an electronic device that law-enforcement agencies use to measure blood-alcohol content.

But have you heard about the textalyzer? It's a new technology that determines how and when a person has been using his or her smartphone. A company called Cellebrite is developing the technology. 

The textalyzer is a tablet-sized device that plugs in to your phone. The textalyzer's developers say it can reveal how a person was using his or her phone, including taps, swipes and the use of apps. The textalyzer is a tool that law enforcement could use to discover if drivers have been texting while driving. 

In July, New York Gov. Andrew Cuomo asked the Governor's Traffic Safety Committee to research the textalyzer and come back with recommendations for its use. Cuomo also asked the committee to examine any privacy issues that the device could raise.

Legislation is in progress

Cuomo's request isn't the first government action that's been taken in New York regarding the textalyzer.

In 2016, a bill was introduced in the New York legislature that would force drivers involved in accidents to have their phones tested by a textalyzer. The testing would determine if drivers were using their phones before a crash.

The bill has been called "Evan's Law," in memory of Evan Lieberman, a 19-year-old who was killed in New York by a distracted driver. The bill has remained in committee, according to the New York State Senate's website.

Is the textalyzer a good thing?  

The textalyzer is creating debate: is the device an invaluable deterrent, an invasion of privacy or both?

Privacy advocates, like the American Civil Liberties Union, argue that police should need a warrant to test a phone; they say there's no guarantee that police could not extract any or all the information on your phone.

What happens next?

With the governor's committee studying the textalyzer, it seems likely that a positive recommendation could help "Evan's Law" make progress toward becoming a real law.

Lawmakers in New Jersey, Tennessee and Chicago also are trying to make it legal for police to use the textalyzer. Texting and driving is banned in every state, except for Arizona and Montana. There's a partial ban in Missouri.

No Comments

Leave a comment
Comment Information
  1. Personal Injury

    A client settled their case against a homeowner for $275,000 for a fractured leg with surgery as a result of a fall from a ladder while assisting the homeowner install a second floor ladder.

  2. Wills, Trusts, Estates

    An estate received $57,500 in a wrongful death case involving a defective medical alert device.

  3. Personal Injury

    A client was injured while pulling a hamper with a defective handle which resulted in cervical herniation which then required surgery. The client settled the claim against the hamper owner for $495,000.

  4. Criminal Law

    A man was accused of aggravated animal cruelty for shooting his dog acquitted of all charges.

  5. Criminal Law

    The defense counsel asserted constitutional rights so that no charges were brought against a store owner for tax evasion.

  6. Business, Corporate and Employment Law

    We successfully collected thousands of dollars for a company on a breach of contract issue.

  7. Personal Injury

    A woman received $83,750 for a right knee injury she sustained due to the negligence of a local restaurant and bar.

  8. Criminal Law

    Our counsel successfully suppressed evidence in State Court from an improper search of a residence.

  9. Personal Injury

    A victim of a rear end accident settled with the defendant for $25,000 and then resolved a SUM claim for an additional $200,000 as a result of cervical disc herniations with a recommendation of surgery.

  10. Criminal Law

    A man was acquitted of Driving While Intoxicated and all other charges. The defense showed that the people failed to prove the operation of the motor vehicle.

  11. Criminal Law

    A Niagara Falls resident was accused of murdering a man shot outside his home and with whom he had previous fight and was acquitted on all charges.

  12. Workers’ Compensation and Social Security Disability

    A man received a $2.4 million settlement for pain and suffering, and lost wages due to a work-related accident.

  13. Criminal Law

    A man’s charges for Aggravated Harassment were dismissed when the defense counsel moved to dismiss charges for insufficient paperwork.

  14. Personal Injury

    A man obtained a settlement of $1.8 million when he lost his wife due to the administering of the wrong prescription.

  15. Personal Injury

    A woman received $100,000 for a neck injury she sustained in a motor vehicle accident.

  16. Personal Injury

    A woman was awarded $115,000 for head and neck injuries she sustained in a motor vehicle accident.

  17. Personal Injury

    A woman received a $250,000 settlement from a slip and fall at a rental property where she injured her back.

  18. Personal Injury

    A woman received $62,000 for a neck injury she sustained due to the negligence of a commercial property owner.

Email Us For A Response

Contact Our Legal Team

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

LoTempio P.C. Law Group | Complete Counsel

LoTempio P.C. Law Group 181 Franklin Street Buffalo, NY 14202 Phone: 716-427-6683 Fax: 716-855-3437 Buffalo Law Office Map