Illinois Texting and Internet Surfing Ban

[Kevin Green]

With all due respect, there are several ways to get this information. Server records, air time records, cell tower logs and the cell phone itself.
Even if you delete said records they can be retrieved with special software.
Each email and text leaves a trail from you to the receiver.
Not easy, but it can be done.


Never say never.

I won't argue if the law will be affective or not, but I do support
the idea of not texting while driving. With two daughters and a wife
that do it I see how dangerous it is first hand. I simple will not let them do it anymore when I am in the car.

Tim

There are indeed many ways. The DoD is having it's annual cyber crime conference down here in St. Louis, and there are plenty of sessions of cell phone forensics.

I think the true reason for this law, aside from the generalized public pressure, and recent high-profile incidents (bus driver in Texas? UK video, etc), is that it gives officers a discretionary citation to write. Reckless driving is really bad charge to give a 16 year old kid, who might otherwise just need a smack on the wrist (And a $75 fine) to help correct his or her behaviour.

 

[Tyler Allison]

With all due respect, there are several ways to get this information. Server records, air time records, cell tower logs and the cell phone itself.

Forensics isn't just about getting the data. You have to link the data to a specific person, at a specific instant in time, under specific conditions prohibited by law. I've had computer forensic cases fail because the police couldn't prove _who_ it was behind the computer...only the fact that something happen. I knew exactly what happened and when..but that isn't the entire picture. Pulling phone records from a cell phone tower and proving exactly when I did something, for how long, and under what conditions would be nearly impossible to prove unless you are specifically targeting me for a cellphone violation.

Remember...it's "without a shadow of doubt". I can poke holes the size of semi trucks through any forensic case trying to link data to a driver unless video shows the driver doing whatever he/she wasn't suppose to do. In which case, you don't need forensics.

Even if you delete said records they can be retrieved with special software.
Each email and text leaves a trail from you to the receiver.
Not easy, but it can be done.

Not true. You can keep believing this if you want. But try and recover data from my Blackberry or my iPhone that has been properly "wiped". Ain't gonna happen. Just like you won't get data off my computer that has been wiped. Happens every day in our forensics shop. "Sorry district attorney, nothing I can do for you no mater how loud you scream".

I'm done arguing about forensics on a weather board. Point is...if you want to take it to court you'll win. Most folks won't. Including me...waste of my time...I'd rather pay the fine like I'll do when it's my turn to get a speeding ticket. Won't change my behavior..but makes everyone feel good and adds revenue for fixing the roads.

 

[JR Hehnly]

Example of a "video monitor" in view of the driver: http://www.youtube.com/watch?v=aYvo9TiTJKs

 

[David Wolfson]

More to the point of cell phone logging, I'm quite sure that except for a limited number of FISA cases you still need a warrant or subpoena to get phone records -- at least records you could use in court. Warrants and subpoenas aren't easily gotten for misdemeanor offenses, so far as I know. But those in law or law enforcement may know differently.

Really, folks. For a traffic ticket...? The Public Attorney has to write it up, go to the relevant court and argue the merits of getting phone records as evidence some schlepp was texting at 2:27 p.m, then be prepared to prove in court that was exactly the time the State's Witness (aka The Cop) observed them. If that's what they want to do, then I say, "Bring it on!" They're not going to make any money off that fine -- that's for sure.

 

[Tyler Allison]

Laws banning cellphone use while driving fail to reduce crashes, new insurance data indicate

http://www.iihs.org/news/rss/pr012910.html

"Whatever the reason, the key finding is that crashes aren't going down where hand-held phone use has been banned," Lund points out. "This finding doesn't auger well for any safety payoff from all the new laws that ban phone use and texting while driving."

 

[rdale]

I wanna show you something - it's my shocked face.

http://www.youtube.com/user/etrade

 

[Paul Knightley]

Of course not. But will changing a law have any impact? Absolutely not. Maybe on that side of the pond, and if so I'd suggest you start pressuring for that restriction, but it won't change Americans' behavior.

We already have a law which bans all hand-held mobile phone usage whilst driving.

 

[Dan Rupnow]

This is mostly all a moot point anyway, as the only time one might be glancing at data and driving is during the heat of a chase when there is actually a storm ongoing. At that time most law enforcement officers are usually doing other things such as serving as a storm spotter or responding to emergencies associated with the storm, or warning the public of the storm. I am no expert, but I think they have other more important duties to do at that time than look for a chaser that might be peeking at radar while driving.

 

[rdale]

This is mostly all a moot point anyway, as the only time one might be glancing at data and driving is during the heat of a chase when there is actually a storm ongoing.

Many people actually use their phones outside of chasing... But again, the point is moot because it's an ineffective and unenforcable law to begin with.

 

[Chris Sokol]

I think that it could be argued that running a radar program with GPS overlay would be the same as using a regular GPS. You and I know the difference, but in a court situation it could probably get dismissed.

Usually if you share your data the police will cut you a break.

 

[Chris Koetters]

I just got done talking to a friend of mine who is a state trooped in Illinois. I asked him about the new law that is being worked right now in the state. He said that he would consider a laptop in a vehicle that has radar up on the screen would be considered a "positioning device" therefore he would not give a ticket for it. He did say he was going to look into it more. He also mentioned that the new communication device law that started Jan 1st includes the use of typing on a laptop but if you had gps or radar on the screen then they will not issue a citation.

He did want me to relay to the chasing community that they are enforcing the law prohibiting the use of cell phones in school and construction zones.

 

[Shawn Gossman]

The only thing I am worried about personally is having a laptop on while I am driving showing me the radar and what not. Will that get me a fine? I enjoy that my chase vehicle is a 4x4 truck meaning it sits higher than the crown vics and impalas our police use around my area... so they really wont be able to see in and I will take full advantage of that LOL

Whats even funnier about it is I am in college to become a Police Officer

 

[Jesse Risley]

The only thing I am worried about personally is having a laptop on while I am driving showing me the radar and what not. Will that get me a fine?

Maybe and maybe not

The new law makes it illegal to [FONT=&quot]compose, send or read text messages, instant messages and e-mail on a cell phone or surf the internet while driving. The ban also includes personal digital assistants and portable or mobile computers, but does not include global positioning systems (GPS) or navigation systems[/FONT].

It's already illegal to drive while operating a "video device" screen in view of the driver, per an earlier link. Whether or not any of this applies to open laptops with radar programs running is nothing less than a matter of individual interpretation.

 

[Tyler Allison]

Whether or not any of this applies to open laptops with radar programs running is nothing less than a matter of individual interpretation.

And which cop is working that day.

 

[Jason Foster]

And which cop is working that day.

and how the officer feels on that day, and who they had to deal with before you.

I learned that apparently DC also has a no laptop rule. A Secret Service officer informed me while checking out my ride near the white house (routine procedure since I had the weather station on the roof) as I was streaming video during the big snow storms. I trust the officer was knowledgeable being a bit higher caliber of officer than your typical officer here in DC. But I haven't checked for the actual law yet. The questionable part to me is this: he did state that in DC, even the GPS units are illegal if used. So if you are in DC...just watch out...unless you (or I) find out otherwise.