informationliberation
The news you're not supposed to know...




An Introduction to Austrian Economics: Understand Economics, Understand Everything
The Century of the Self: The Untold History of Controlling the Masses Through the Manipulation of Unconscious Desires
The Disappearing Male: From Virility to Sterility

The Obama Deception: The Mask Comes Off
Operation Gladio: The Hidden History of U.S. Sponsored False Flag Terrorism in EuropeThe New American Century: The Untold History of The Project for the New American Century
(more)
Article posted Apr 08 2013, 12:49 AM Category: Big Brother/Orwellian Source: Techdirt Print

California Court Rules It Illegal To Check Maps On Your Phone While Driving

by Mike Masnick

For years, we've discussed the problematic nature of "distracted driving" laws that seek to outlaw things like talking on your phone or texting while driving. It is not that we don't think these behaviors are dangerous. It seems clear that those activities can take one's attention away from driving and potentially increase the likelihood of an accident by a significant amount. However, the laws are often broad and inconsistent -- and, worse, they can have serious unintended consequences. As we've noted there are lots and lots of things that can distract a driver which are still considered perfectly legal, such as changing the radio station, talking to passengers, eating, etc. Trying to ban each and every distraction one by one is a ridiculous and impossible task. In fact, studies have suggested that bad distracted drivers will often just find a different distraction to occupy their time. And, thanks to these laws, those drivers are often still texting while driving, but are simply holding their phones even lower, taking their eyes further off the road, so as to avoid detection... actually making the roads more dangerous. The real answer is to focus on stopping bad driving, not trying to call out specific activities.

Anyway, all of that is preamble to a new court ruling in California, found by Orin Kerr, saying that using a mobile phone to check a mapping/GPS program violates the state's law against distracted driving. The driver had argued that the laws are about talking on a phone and/or texting/surfing the internet, but that clearly using a mapping program should be allowed. The court disagreed, even as it acknowledged some of the oddities of what that meant, and said it's really the job of the state lawmakers to figure out what they want to do.

The ruling doesn't totally rule out using a phone's mapping program, but does suggest it needs to be set up in a manner where it is done handsfree, where the driver does not need to hold or touch the phone. Basically, the ruling suggests that it's mostly illegal to touch your mobile phone while driving. The driver noted that this interpretation didn't make much sense, since the legislature had felt the need to add a specific clause to outlaw texting/messaging on phones, but if the overall bill banned any non-hands-free operations, then that would have already been covered. The court disagrees, claiming (oddly) that the added provision also served the purpose of banning non-telephone mobile devices. That may be true, but doesn't explain why that provision also called out messaging services for telephones.

All that said, I generally agree that if you are using mapping software it is probably a hell of a lot safer to somehow have it mounted on your dash, rather than in your hand -- but still this ruling seems to once again highlight the oddities of these particular laws, and how confusing and ineffective they can be.

Read the ruling (PDF)





Latest Big Brother/Orwellian
- Bill Aimed At Shutting Off NSA's Water Starts Moving Forward Again
- Baltimore Prosecutors Withdraw Evidence Rather Than Talk About Police Department's Stingray Usage
- Detekt: A New Malware Detection Tool That Can Expose Illegitimate State Surveillance
- 2nd Grader's Homework Teaches 'The Government GIVES Us Our Rights'
- Feds Put Fake Cell Towers On Planes, Spied On Tons Of Innocent Americans
- Terrorists Used False DMCA Claims To Get Personal Data of Anti-Islamic Youtuber
- Court Says By Agreeing To AOL's Terms Of Service, You've 'Consented' To Search By Law Enforcement
- To Nobody's Surprise, Australian "Terrorism" Law May Be Used for Copyright Enforcement









No Comments Posted Add Comment


Add Comment
Name
Comment

* No HTML


Verification *
Please Enter the Verification Code Seen Below
 


PLEASE NOTE
Please see our About Page, our Disclaimer, and our Comments Policy.


FAIR USE NOTICE
This site contains copyrighted material the use of which in some cases has not been specifically authorized by the copyright owner. Such material is made available for the purposes of news reporting, education, research, comment, and criticism, which constitutes a 'fair use' of such copyrighted material in accordance with Title 17 U.S.C. Section 107. If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner. It is our policy to respond to notices of alleged infringement that comply with the DMCA and other applicable intellectual property laws. It is our policy to remove material from public view that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our members or users.

About Us - Disclaimer - Privacy Policy



Advanced Search
Username:

Password:

Remember Me
Forgot Password?
Register

Cops Beat Man & 7-Month Pregnant Wife Then Deleted The Video, But It Survived On The Cloud - 11/26WTF ATF: The ATF's Fake Retail Stores, Bad Behavior... And Why It Only Came Out Because They Failed To Pay Rent - 11/26Albuquerque Cop Who Killed Homeless Man Will Retire With Full Benefits - 11/25Good Samaritan Hands Lost Purse To Cop, Cop Steals Cash Before Returning - 11/25It's "An Extortion Racket:" Police Chief Moved to Tears After Exposing Corruption in His Department - 11/25This Minnesota Mom is Facing 2 Years in Jail for Saving Her Son's Life - 11/25Cop Keeps Job After First DUI, Now He's Being Charged With A Second - 11/25Did They Want More Violence In Ferguson? 10 'Coincidences' Too Glaring To Ignore - 11/26

Rialto, CA Police Made to Wear Cameras, Use of Force Drops by Over Two-ThirdsCop Who Karate Chopped NY Judge In Throat Gets Off Scot-FreeFlorida Cop Smashes Compliant Woman's Face Into Car -- "Maybe Now You Can Understand Simple Instructions"VIDEO: Lapel Cam Reveals A Day In The Life Of A U.S. Police Officer (Tasing, Beating, Breaking & Entering, Stomping On Heads... and Laughing About It)Caught On Tape: Officer Sucker Punches Inmate In Face, Files Report Claiming 'Self Defense'Insult Person On Twitter, Go To JailSWAT Team Brings TV Crew To Film Raid Against Threatening Internet Critic -- Raids Innocent Grandma InsteadCop Karate Chops NY Judge In The Throat
(more)

 
Top