Is the Textalyzer coming to Oregon? - Oregon Trial Attorneys

Is the Textalyzer coming to Oregon?

Texting while driving is unlawful in Oregon under ORS 811.507. According to the Wall Street Journal, at least 46 states have laws barring texting while driving and 14 ban all hand-held devices. Some states may be looking at adopting a “Textalyzer” in order to determine if people have been “texting” (sending or receiving text messages) prior to being stopped, or prior to crashing.

Cellebrite’s Textalyzer

An Israel-based tech company named Cellebrite is purportedly the first to develop a plug-in device which can examine a driver’s cell phone to detect texting activity. Legislation in New York– called “Evan’s Law“– has been introduced in the New York Legislature over the winter of 2016-2107. It would give police officers the authority to use a Textalyzer when distracted driving is suspected. Similar legislation is being considered in Tennessee, New Jersey and the city of Chicago.

Cellebrite claims that it’s technology does not raise privacy concerns because it’s designed only to determine usage, not to actually access the messages for viewing. In theory, if the police determined that a mobile device was used by the driver, they could confirm it using the Textalyzer and then determine whether they should get a warrant for more detailed information.

Currently, Oregon does not have any pending legislation mandating or even allowing use of a device such as the Cellebrite Textalyzer.

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