heinlein
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The test doesn't appear to show if the phone was actually being used, which is likely to be a legal problem.
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AppleInsider said: Drivers in New York might soon be subject to on-the-spot analysis of their mobile phones to determine whether they were distracted by their devices in the run-up to accidents, if a proposed law passes the state legislature.…
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I can't say I'm very sympathetic to people who get malware in the course of stealing other people's work. It's a bit like getting an STD from a sexual assault.