“Any person who operates a motor vehicle in the state shall be deemed to have given consent to field testing of his or her mobile telephone and/or personal electronic device for the purpose of determining the use thereof while operating a motor vehicle, provided that such testing is conducted by or at the direction of a police officer.”
"That’s language from the text of a bill currently working its way through the New York state legislature."
http://www.ronpaullibertyreport.com/archives/new-device-allows-cops-to-download-all-of-your-smartphone-activity-in-seconds
https://www.nysenate.gov/legislation/bills/2017/S2306
ZCore13
Sounds like a money maker to me.
No more texinging "Hey babe, Im on my way home from the bar, Dont let me forget the drugs in the trunk."
Quote: RogerKintK-9 units have allowed them to break our constitutional protections. They'll have the dog hit on your phone so they can illegally search it. "Bark twice if there's nudes on it, boy! Good boy"
And the residents of NY, California and a few others don't even see what's happening to them.
ZCore13
Quote: onenickelmiracleJust wait until they search our brains, we'll be toast.
"Only god can search my brain" - tupac
Android is a whole different beast.
Quote: gamerfreakThis isn't possible on an Apple phone if it's encrypted. We went through this big todo with that San Bernardino shooter's phone.
Android is a whole different beast.
Nonsense. All they need to do is hire some suspicious girlfriends with trust issues on the force. They can hack a phone in no time :(
"USE OF AN ELECTRONIC SCANNING DEVICE SHALL BE LIMITED TO DETERMINING WHETHER THE OPERATOR OF A MOTOR VEHICLE WAS USING A MOBILE TELEPHONE OR PORTABLE ELECTRONIC DEVICE IN VIOLATION OF EITHER SUCH SECTION AT OR NEAR THE TIME OF THE ACCIDENT OR COLLISION WHICH PROVIDES THE GROUNDS FOR SUCH TESTING.
FURTHERMORE, NO SUCH ELECTRONIC SCAN SHALL INCLUDE THE CONTENT OR ORIGIN OF ANY COMMUNICATION OR GAME CONDUCTED, OR IMAGE OR ELECTRONIC DATA VIEWED, ON A MOBILE TELEPHONE OR PORTABLE ELECTRONIC DEVICE."
ZCore13
Quote: TumblingBonesHate to bust the bubble of everyone who sees this as another Big Brother moment but if you take the time to read the proposed law it states:
"USE OF AN ELECTRONIC SCANNING DEVICE SHALL BE LIMITED TO DETERMINING WHETHER THE OPERATOR OF A MOTOR VEHICLE WAS USING A MOBILE TELEPHONE OR PORTABLE ELECTRONIC DEVICE IN VIOLATION OF EITHER SUCH SECTION AT OR NEAR THE TIME OF THE ACCIDENT OR COLLISION WHICH PROVIDES THE GROUNDS FOR SUCH TESTING.
FURTHERMORE, NO SUCH ELECTRONIC SCAN SHALL INCLUDE THE CONTENT OR ORIGIN OF ANY COMMUNICATION OR GAME CONDUCTED, OR IMAGE OR ELECTRONIC DATA VIEWED, ON A MOBILE TELEPHONE OR PORTABLE ELECTRONIC DEVICE."
So this will only hurt you if you were committing a crime. If you were not illegally texting while driving nothing happens. I am willing to give up some freedoms to protect me from the idiot who texts and drives. Lock em up!
Quote: SOOPOOSo this will only hurt you if you were committing a crime. If you were not illegally texting while driving nothing happens. I am willing to give up some freedoms to protect me from the idiot who texts and drives. Lock em up!
This is why we need self driving cars,so people can text while driving. They do it now anyways.
Never mind red light cameras, if states and cities really want to make money they should go after people who text and drive,it's an epidemic.
Quote: gamerfreakThis isn't possible on an Apple phone if it's encrypted. We went through this big todo with that San Bernardino shooter's phone.
Android is a whole different beast.
That isn't entirely accurate. They eventually did get into that iPhone (without Apple's help). Only the very latest model iPhone makes it difficult and it won't be long before there's a way around that.
Quote: gamerfreakThis isn't possible on an Apple phone if it's encrypted. We went through this big todo with that San Bernardino shooter's phone.
Android is a whole different beast.
I don't know much about the guts of iOS having mostly worked in the Android ecosystem but would their security architecture prevent the kind of traffic analysis that seems to be the goal here? I know they encrypt the user data but this seems to be more focused on getting the data collected by the OS regarding app activity. I took a quick look at the iOS10 security docs but the only relevant item I saw was the ability of user to turn off the collection of usage data. Any iOS developers on the thread have a better understanding of why an iPhone would be any different from an Android as far as this type of analysis?
Then again, I don't live in CA or NY. Unfortunately NV is getting closer and closer....
So all females in a relationship are candidates.Quote: RogerKintAll they need to do is hire some suspicious girlfriends with trust issues on the force.
Quote: rsactuaryso if someone were to text you while you're driving and you had an accident at that moment (for sake of this discussion, let's say you didn't even read the text), would that qualify as use of your phone?
I'd hope the "machine doohicky" could tell the difference between a viewed and unviewed text message.
Why are they driving if they have a self-driving car? (-;Quote: HunterhillThis is why we need self driving cars,so people can text while driving. They do it now anyways.
Never mind red light cameras, if states and cities really want to make money they should go after people who text and drive,it's an epidemic.
Let me fix/add to that for you. We need self-driving cars, so people can LEGALLY text, drink, smoke pot, eat, fornicate and sleep while riding.
Quote: RogerKintK-9 units have allowed them to break our constitutional protections. They'll have the dog hit on your phone so they can illegally search it. "Bark twice if there's nudes on it, boy! Good boy"
Too bad, because according to the 2014 Supreme Court ruling of Rodriguez vs U.S., police cant hold you for more than the time it takes you to write the traffic ticket. If they dont have the dogs with them on the spot when they pull you over, they cant make you wait for it. Dont let these corrupt cops hold you, 99% of the time they dont even have the k9s with them.
Quote: AxelWolfWhy are they driving if they have a self-driving car? (-;
Let me fix/add to that for you. We need self-driving cars, so people can LEGALLY text, drink, smoke pot, eat, fornicate and sleep while riding.
It would be great for traveling, you won't need to stop at a hotel anymore, just hop in the back and go to sleep.
Quote: ZenKinGToo bad, because according to the 2014 Supreme Court ruling of Rodriguez vs U.S., police cant hold you for more than the time it takes you to write the traffic ticket. If they dont have the dogs with them on the spot when they pull you over, they cant make you wait for it. Dont let these corrupt cops hold you, 99% of the time they dont even have the k9s with them.
That's if they don't have reasonable suspicion.... If your talking about a regular stop sign ticket or something like that, then your somewhat correct. And I believe it's not literally the time to write a traffic ticket, as you state, it's a reasonable time for a ruitine traffic stop, which is fact specific. Also, it's not hard to find reasonable suspicion in many cases, especially in a traffic stop where someone's judgment seems impaired (e.g. Blowing stop signs/red lights, speeding, swerving, you see where I'm going with this...)
Nobody has a reasonable expectation of privacy in the smells coming out of their houses or cars (or anything really).
Back to the OP, I don't think this is a bad thing. Not only for the criminal aspect of things, if someone is killed and you prove that the person was on the phone or texting (both illegal in NY), but also for civil suits, as it will help establish negligence per see or help establish the percentages of negligence (liability) for damages etc...
And for the record, I'm from NY.
Quote: billshall be deemed to have given consent
That is not how consent works and it is a perversion of civil rights.
But take note Bill Cosby, heres your defence for your next trial. "Any woman who agrees to have a cappuchino with me shall be deemed to have given consent to drug consumption and sexual intercourse."
It's been 90 days since my last phone.... has been officially lost or stolen.Quote: RSAxel, don't worry about this new law. Most of the time it won't effect you. It only matters if you have a phone. And if that phone is lost....
Can I get my 3rd-month chip, please?
Quote: CanyoneroHere's what makes my stomach turn about this:
That is not how consent works and it is a perversion of civil rights.
But take note Bill Cosby, heres your defence for your next trial. "Any woman who agrees to have a cappuchino with me shall be deemed to have given consent to drug consumption and sexual intercourse."
It's called a "license" for a reason. If you object to the requirements, you don't have to get one.
Quote: AxelWolfduplicate post.
You, no way! 😉
Quote: billryanIt's called a "license" for a reason. If you object to the requirements, you don't have to get one.
And you're cool with the "requirements" unilaterally changing at any time *after* you get it?
Also, many people's livelyhoods depend on them using a car, driving is more than just a pastime. People can't just "not drive anymore".
Quote: TigerWuJoke's on them... I still use a flip phone!
Quote: RS
Haha... good one. However:
Cost of flip phone: $15
Monthly phone bill: ~$10
At those prices, make all the drug dealer jokes you want!