‘Textalyser’ device would let police immediately check phones of suspected distracted drivers

Ben Lieberman just wanted to find out what may have caused the head-on collision that killed his 19-year-old son, Evan, on a highway north of New York City. It took a lawsuit and six months in court to get the cellphone records showing the driver of the car his son was in had been texting behind the wheel.

Lieberman doesn’t believe getting that information should be so hard.

He’s channeling his grief over the 2011 accident into a proposal that would allow police at accident scenes in New York to immediately examine drivers’ cellphones with a device to determine if they’d been tapping, swiping or clicking. It’s been called a Breathalyzer for texting.

“You think people are already looking at phones and it just doesn’t happen,” said Lieberman, who is partnering with the Israel-based tech company Cellebrite to develop the plug-in device that’s been nicknamed the “textalyser.”

The idea already faces obstacles from constitutional and privacy advocates who are quick to note that police need the owner’s consent and a warrant to get cellphone records. They’re also concerned such technology would be used to access all of the personal information people may have on their cellphones.

“Every fender bender would become a pretense for gobbling up people’s private cellphone information, and we know that cellphones typically contain our entire lives,” said New York Civil Liberties Union Executive Director Donna Lieberman, who is no relation to Ben Lieberman.

At least 46 states have laws barring texting while driving and 14 ban all hand-held devices, but some safety advocates say more needs to be done to enforce the laws.