Saturday, January 30, 2010

Cell phone and other electronic device ban

First smoking, now texting what else is our government going to step in and kindly restrict us from doing. After the smoking ban I asked this question, “which civil liberty is next,” now we have the answer, it’s where and when we use our cell phones and other electronic devices (http://www.pssg.gov.bc.ca/osmv/publications/docs/electronic-devices-while-driving-info.pdf). I am not here to debate the safety issues in regards to texting while driving as we all can agree some people lack the common sense as to when it is safe to take their eyes from the road thus causing an safety concern; which in past medieval times was dealt with by Section 144, the act of careless driving (http://www.caa.ca/driventodistraction/what/distracted.html#bc). So my question is why step in and actually regulate the usage of our own personal property so specifically? The simple answer is cinching the noose of control around our already tightly confined personal space. My aim here is to think about the implications of this type of ban on electronic devices and how far it can extend into your personal life.
First off using your electronic device to text, email, dial, or otherwise access data is often personal. In many cases a police officer will not actually know you have been doing any of these things with your phone by just seeing it in your hand. To prove you have been texting, emailing etc they will need to examine it and check the history, but to do so they should need a warrant as it would be equal to unlawful search and seizure, since suspicion is not grounds for a search (http://rightscity.org/tag/search-seizure/).
Unlawfully examining our electronic devices will infringe on many of the freedoms guaranteed by the constitution (http://en.wikipedia.org/wiki/Canadian_Charter_of_Rights_and_Freedoms). Forcing us to modify the ways in which we communicate private information with our electronic devices out of fear.
We also need to take into account the financial impact this will have on us. First the new law states that you need to have your phone fixed to the car or on your person in order for it to be legally used and in addition to this you need to have a device that either amplifies the sound over a speaker or allows you to use an earpiece. So to start you will need a hip holster or a car mount kit, which we will value at an average of 30.00 cdn and an ear piece which range anywhere from 15.00 cdn to 200.00cdn depending on the quality (http://www.futureshop.ca/catalog/class.asp?logon=&langid=EN&catid=23285). So you can see how the cost can add up. At a time when many people are having financial difficulties we have our government forcing us to spend money to use our own personal property, this is wrong.
As we continue along this road of allowing the state to bully us into letting them infringe on our civil liberties we are giving them license to push it even further. I ask what is the point of constitutionally protected rights if they are slowly taken away? Each instance robs us of a little more freedom. I ask again what is next? And I will wait in a quite state of horror for the next law that eats away at our freedom.