THE EMERGING ETHICAL ISSUES IN

SCIENCE
AND TECHNOLOGY FOR 2018

Textalyzer
By: Group 2
 GROUP MEMBERS:

Leader: Villanueva, Nathaniel

Secretary: Tagurigan, Shaira Kate
Spokesperson: Lacar, Shekainah
Contributor: Liang, Veronica
Webmaster: Cuevas, Daniel
Coordinator: Nieves, Joy
Photo & Description
It’s made by Cellebrite (the same company that
made the software that can break into locked
iPhones) and would give police officers the ability
to access a driver’s phone after a crash or traffic
infraction to see if they were using the device in
the time leading up to the crash.
 The officer would plug the
Textalyzer into the driver’s cell
phone and retrieve a history of
what they’ve been up to.

They claim the content of texts

or searches will not be accessible
to the officers, just information
about the time and length of
usage on the phone.
Ethical Questions

We live in an era of rapid development as technologies

that seemed theoretical only a few years ago are
increasingly incorporated into our daily lives. Our
concern is that there’s little public dialog about the use
and risks of these technologies, and that dialog is
necessary to keep public policy in pace with science
and technology.
Ethical Questions

The Textalyzer — Made by Cellebrite, this technology would give

police officers the ability to access a driver’s phone after a crash or
traffic infraction to see if they were using the device in the time
leading up to the event. The Textalyzer plugs into the driver’s cell
phone and retrieves a history of what they’ve been up to. Cellbrite
claims the content of texts or searches will not be accessible to the
officers, just information about the time and length of usage on the
phone. This data would, however, include exactly what apps you
were using at exactly what time.
 Ethical Questions

Even just a swipe of the screen can be detected. New York will
be the first state to test the waters — they haven’t employed
the technology yet, but a study was ordered by Gov. Andrew
Cuomo earlier this year. Right now is the time to ask questions
about the software, how it will be implemented, how the police
will avoid profiling and unequal treatment while using it, what
will happen to people who “fail” the scan, and how we can
avoid seizing a phone used by a passenger instead of a driver.
 Stakeholders
A device designed to bust drivers distracted by
cell phones is one step closer to being allowed
in New York, but it's facing backlash from
privacy advocates.

The "Textalyzer" device allows police to plug in

and determine if a driver was using a cell phone
to text while driving. Jeff Rossen shows how it
works.
Stakeholders

A device designed to catch drivers distracted by

cellphones is one step closer to being approved
in New York state, but it's facing backlash from
privacy advocates who fear it's too intrusive.

With the "Textalyzer," police could get a

roadside glimpse into whether drivers were
texting, emailing, browsing social networks, or
taking a selfie while behind the wheel.
 Stakeholders

In 2011, Ben Lieberman lost his 19-year-old son, Evan

Lieberman, in a crash when distracted driver Michael
Fiddle hit Evan in a head-on collision. After spending
31 days in a trauma unit, Lieberman’s son died. The
state police never charged Fiddle with a crime, but
Lieberman later sued Fiddle, and it was revealed that
Fiddle had used his phone during that drive. It is
unclear if Fiddle had been texting at the time of the
crash.
 Stakeholders
There are still plenty of pros and cons to weigh regarding Textalyzer
implementation – not just ethically, but legally. In fact, the
Associated Press reported New York Governor Andrew Cuomo directed the
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.

Governor Cuomo is not the only person concerned by potential Textalyzer

privacy violations. Professor Laurent Sacharoff, a criminal justice
teacher and Fourth Amendment expert at the University of Arkansas, says
the Textalyzer is a greater invasion of privacy than a breathalyzer and
therefore needs stricter legal standards governing its use. He also
believes any laws involving the device will eventually reach the Supreme
Court
 Possible actions and Consequences
CHARACTERISTIC OF TOOLS

Textalyzer devices, such as the proposed device, are

controversial for a number of reasons, including how they
would actually work and whether they would lead to charges
against innocent people. Mobile phones today are
sophisticated computers that run numerous software
processes simultaneously - apps, system processes, etc. It
is possible to download an almost infinite number of
software applications that allow the phone to send and
receive data autonomously or semi-autonomously, for
instance via voice command.
 Possible actions and Consequences

An anti-distracted driving law does not apply to cell

phones being used for navigation, or with a bot sending
automated responses, or operating through voice
command. With the advancement of technology, it's
likely that the difference between fully automated,
semi-automated, and manual responses will blur over
time; as AI improves and digital assistants become
smarter, it will be harder to distinguish between the
three.
 What do you consider as the best
action and why?

The Textalyzer and Civil Rights There are

some civil libertarians and privacy
advocates who take issue with this
technology. The idea that police can take
a person’s phone and search it does not
sit well. There is also the possibility
that what the device detects does not
actually capture what happened.
What do you consider as the best
action and why?

The Textalyzer and Civil Rights There are

some civil libertarians and privacy
advocates who take issue with this
technology. The idea that police can take
a person’s phone and search it does not
sit well. There is also the possibility
that what the device detects does not
actually capture what happened.
What do you consider as the best
action and why?
The New York Civil Liberties Union put out a statement in
April addressing the bill for textalyzer use. “Distracted
driving is a serious concern, and that’s why we already have
laws that allow police to access phones and phone records
when they need to. But this bill gives police power to take
and search peoples’ phones — which contain our most
personal, private information — at every fender bender. We
don’t yet know if Textalyzers can even detect distracted
driving. But we are certain that enforcing this proposed law
would violate people’s privacy and could potentially impute
guilt for innocent activities.”
What do you consider as the best
action and why?
Cellebrite, the Israeli company creating the device, has not fully
developed it yet. The device is expected to make its debut on the
market early next year. New York is not the only state interested in
the device. Various states suffering great increases in vehicle
accidents due to distracted driving are also considering proposals
for such legislation.

Is the Textalyzer Really Necessary? The sheer number of accidents

due to distracted driving, in particular those related to using
cellphone and mobile devices, ought to heighten people’s awareness
and encourage them to stop texting while driving. However, that is
definitely not the case as accident numbers continue to increase.
What do you consider as the best
action and why?

The National Occupant Protection Use Survey (NOPUS) provides

nationwide data regarding drivers and use of electronic devices. The
survey is conducted annually by the National Center for Statistics
and Analysis of the National Highway Traffic Safety Administration.
One of the findings in the survey is that the highest use of
manipulating a handheld device while driving occurs with drivers in
the 16 – 24 year-old age range. Overall 2.2% of all drivers are
distracted with cellphones or other electronic devices. When you
consider that nearly 3,500 people annually lose their lives
unnecessarily because of distracted driving, most of which is due to
texting, it seems logical to make a case for textalyzer use.
 SOURCES

TTT, TECH TOP 10 (2018) The textelayzer.

https://www.google.com/amp/s/www.nbcnews.com/news/amp/ncna787136

https://blog.americansafetycouncil.com/textalyzer-may-come-to-new-york-2/

https://www.matthewlopezlawyer.com/blog/2017/07/what-is-textalyzer-technology/

Reilly Center for Science, Technology, and Values (2018) Staying Aware of Ethical
Dilemmas in Science and Technology.