As for rights of due process, rights are sometimes limited/violated if the circumstances merit it, if this merits it, I don't have enough information. If no one had ever been injured due to texting and driving, then no. If texting is the #1 cause of accidents then yes. In between is gray.
For the privacy part, could they make it SOP to give the phone owner an opportunity to setup a lock on their phone (and change their voicemail greeting too)?
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Uncertainty is an uncomfortable position.
But certainty is an absurd one.
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