Cell Phones: Weapons of Mass Destruction?

Posted on August 30, 2010 by Phil Chanfrau

 With every new form of technology there is a learning curve.  Cell phones are no exception.  When they first went on the market, they were seen as a way to call for help if the car broke down, you got stranded, or were going to be late for an appointment.  In the last 20 years the affordability of cell phones has made it possible to provide every member in the family with their own phone, and parents are under pressure to provide them for teens and pre-teens so they can be safe or cool.

But phones have become modern day Weapons of Mass Destruction.  The ways cell phones have become destructive defies the imagination.  Even in Iraq and Afghanistan they are being used to set off IEDs.  Websites on texting abuse and cyber bullying are everywhere.  Cyber bullying is common among students.  The ruthlessness and crudeness of these insulting tasks is very deep and painful.  Almost every couple of days we hear of another kid who commits suicide after being ridiculed by his or her "friends" into thinking they are fat, or unpopular, or uncool.  Kids do not have the maturity or judgment to know it is NOT the end of their world, or that their "friends" are not "friends" at all.  Sending nude pictures of children via a cell phone can result in criminal prosecution and getting labeled for life as a sex offender.  That is no joke.

One example of this behavior explained how a  concerned parent discovered how desperate her 7th grade  daughter was, and removed her from school, without notice and re enrolled her in another school.  She then printed the harassing text messages her child had been the victim of, and showed them to the unbelieving parents of the former "friends." Until then the parents had been clueless of their child's  cyber bullying.

May I recommend that if you are thinking of allowing your child to use a computer or cell phone, that one of the ground rules be that you will on demand and without notice have the right to monitor and download all messages including emails, texts and pictures, whether sent or received by your child. Check out websites that recommend rules for using the internet safely and then discuss them with your children.

You have the duty to keep your child safe and that includes safe from mental  torture.  And then follow up on these duties regularly.  If you don't,  your child may be the victim of a WMD and you will have only yourself to blame.

Don't rely on the already overburdened School to know what your child is doing.  It is is your job  to control off campus behavior by your child.  Your parenting skills  may save a life or prevent the loss of self esteem which is so important to children.  

Believe me, it is that important

 

 

 

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Cell Phones, Accidents and 911 calls: Why who you call First is Legally Important

Posted on May 29, 2010 by Phil Chanfrau

 A recent case in Central Florida involving Cell phone use tells us that the sequence of calls following an emergency like a car accident is very important.  It is human nature to want to report an accident to our loved ones to let them know you have been injured, and to get help.  But who you call first may create a very important clue about why the accident happened.  And the clue may be misleading.

In Hernandez v Felciano,  the plaintiff was rear ended, and called 911.  His detailed cell records were obtained and put into evidence at trial. ( A cell company can on request provide the details)  The records showed that about the time of the accident, he was on the cell with his family.  So the jury was faced with the chicken and egg problem:  which came first, the accident or the  call to his family? Was he driving erratically because he was on the phone? Based on this skimpy evidence, the jury concluded in Hernandez the plaintiff was at fault and caused himself to be rear ended.

The problem with cell phones is that they can do good: report an accident; or bad: cause an accident.

 My recommendations?

  • Make sure the first call is to 911 to report the accident.  911 calls are recorded and can be obtained for later with a Public records request for use at trial if necessary.  
  • However some agencies erase the calls after 30 days so don't dither or dally!  
  • The time of the call on the 911 call can be compared to your cell phone bill and prove the first call was to report the accident, and then a call was made to your loved ones.
  • Get a detailed copy of your cell phone bill and keep it for later.

A "Public records" request under the statute can be made for a copy of the call.  I believe a simple email request to the correct call center should be enough to get the relevant call, and it can be mailed to you in a MP3 format.  There may be a slight charge, so ask before your send your email.

You still have to know which Call center to send the request to, and that can be found by a simple Google search for "911 Call Centers."   The local one in Flagler County,  Florida where I practice has some good info on their website. The center's website says the caller's phone  location cannot be determined from a cell phone call, and you will need to verbally tell them your exact location so they can send help to you.  If the accident happens on the Interstate getting the exact address is a little more of a problem.  Many popular Cell phones now have GPS positioning information which most call centers can use to pinpoint a location. To track a person with a cell phone the cell user must have 

  • the right kind of cell phone;
  • be connected to the right network, and
  • have the right service

I use an iphone and know I can set it up to allow its location to be found remotely.  It must be done beforehand it cannot be found with the GPS function.  

So, here is a lot of good info regarding cell phones and using them after an accident and I hope it helps save a life! Even if not lifesaving, it may help you avoid making a legal mistake by failing to call 911 first.  If you cannot call because you or your phone have been disabled or lost, may I recommend you ask a Good Samaritan/passerby to call 911 first?  And then call your loved ones for you?

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