Jan 282012
 

Some items from the past week:

Dec 252011
 

Bruce Carton at Legal Blog Watch notes a difference of opinion from police in Canada regarding the propriety of tweeting the location of DUI checkpoints.

The Edmonton police believe it abets drunk driving and thus shouldn’t be done. Citing a CBC article on the subject:

“Putting lives in danger based on the fact that you want to have more followers on your Twitter account is pretty disappointing,” said checkstop co-ordinator Const. Ian Brooks.

Brooks is asking people to consider how they would feel if a drunk driver who avoided a checkstop ended up causing a collision that hurt someone.

“Maybe that one time that we would have actually picked them up and prevented something in the future, maybe that’s enabling them to commit further offences and to put everyone in jeopardy,” Brooks said.

According to the CBC, Calgary police also disfavor the practice.

“We don’t see any value in warning people in advance of how to avoid that detection,” he said. “We want them caught and we want them off the streets.”

The police in Regina share the same view. On the other hand, the police in Saskatoon have no problem with it.

Alyson Edwards, a spokeswoman for the Saskatoon police, said it will be OK if people who see a check-point share that information on Twitter.

“As a service, there is no point in ignoring the fact that people are going to spread the word amongst their friends,” Edwards told CBC News Wednesday.’

She said one goal of their check-point program is get get people to think about the consequences of drinking and driving, before they head out.

She said people who are drinking may think twice about driving, if they know officers are out.

The article about the Edmonton police quotes Doug King, an associate professor of justice studies at Calgary’s Mount Royal University as saying there was no law against such tweets.

“God forbid, you tweeted me and I got out on the road and killed someone and I was impaired, there would be no way that you could be held responsible for my actions.”

Dec 202011
 

The recent NTSB recommendation to ban the use of all cell phones (specifically, portable electronic devices (“PEDs”)) while driving has not been well-received in many quarters. Even people generally comfortable with government regulation have bristled at this recommendation, and there may be good reasons why. It’s not to say that distracted driving is acceptable: it can be, as even critics of the ban acknowledge, extremely dangerous, and thus to the extent that distracted driving constitutes reckless driving, it’s justly criminalized, as it generally already has been.

But this recommendation proposes criminalizing the use of technology more broadly, and in doing so, raises significant policy concerns. Continue reading »