We already have drunk driving and distracted driving laws on the books, but how can law enforcement be sure that texting was happening at the time of an accident?
Enter the-- TEXTALYZER. If it sounds like the Breathalyzer, that's on purpose.
Jason Epstein with Teens Against Distracted Driving loves the idea.
"I think it's great. I think it's been kind of the missing piece of the puzzle --how to enforce the texting laws that are on the books," he says.
A new type of software is being developed in New York state that would work just like a Breathalyzer.
"If there's probable cause or if there's some sort of consent given, then the police would be able to analyze someone's phone and see if they were using any of the prohibited functions at the time of an accident."
But what about privacy laws?
Epstein says, "If you are trying to determine if someone violated a texting law, and all you're doing is pulling some sort of system data that says, 'yes in fact their finger was swiping on the screen' at some certain time stamp. In my opinion that is NOT an unjustified invasion of privacy."
It is a privacy slippery slope. A stark distinction would need to be made by the app developers as to what is "System function" and what is actual content. They'll also have to guarantee the latter isn't accessible.
Whether or not this would fly in the state of Wisconsin is yet to be seen.