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.  (Read More…)