In this May 31, 2013 file photo, New York Gov. Andrew Cuomo speaks during a news conference to announce the increase in penalties for texting while driving in New York. New York state is set to study the use of a device known as the "textalyzer" that would allow police to determine whether a motorist involved in a serious crash was texting while driving. Image credit: AP Photo/Frank Franklin II, FileA device able to detect if a person was using their cellphone in the moments before a serious car crash is being considered for use in the State of New York.

This week, New York State Gov. Andrew Cuomo asked the Governor’s Traffic Safety Committee to investigate the device, called the textalyzer, and to examine the concerns being expressed about issues of privacy with the use of the device.

"Despite laws to ban cellphone use while driving, some motorists still continue to insist on texting behind the wheel — placing themselves and others at substantial risk," Cuomo said in a statement first reported by the Associated Press. "This review will examine the effectiveness of using this new emerging technology to crack down on this reckless behavior and thoroughly evaluate its implications to ensure we protect the safety and privacy of New Yorkers."

Working much like a breathalyzer, the device is simply plugged into a driver’s cellphone by a police officer in the moments after a car crash to discover if the driver was using the phone to check and send e-mails, to surf the web or to text. According to the device designer, tech company Cellebrite, it only takes the device one minute to work.

However, many people opposed to the use of the device are concerned that the device will allow officers access to drivers’ browsing histories and private emails and photos.

Although assurances have been made by advocates for the device that law enforcement officials would only obtain information concerning phone usage, digital privacy and civil liberties groups are concerned.

"I am extremely nervous about handing a cellphone to a law enforcement officer and allowing them in any way to forensically analyze it," said Rainey Reitman, of the Electronic Frontier Foundation, a nonprofit organization that advocates for civil liberties when it comes to digital technology. "This is a technology that is incredibly problematic and at the same time is unnecessary. There are already legal avenues for a police officer.”

Although the device is months away from being ready, the committee will review the technology, listening to both advocates and to those opposed to the device before issuing a report on their findings.