Reach out and touch someone: cellular phones health, safety and reasonable regulation.

I. INTRODUCTION The case is a first of its kind in Nevada, and possibly a landmark nationally: Karen Morris was charged with three felony counts of reckless driving and two felony counts of involuntary manslaughter for a March 25, 2001 incident, where she allegedly caused a deadly traffic accident while talking on a cellular phone. (1) Police accounts report that Karen Morris, thirty-four, was traveling at sixty-four mph in a forty-five mph zone while talking on her cellular phone. (2) Morris ran a red light and crashed into another car, killing two people, Leona Grief, sixty-one, and her friend Marcia Nathans, sixty-five. (3) A third passenger, Elliot Nathans, forty-four, was injured. (4) Morris was let out on $100,000 bail, on two conditions: (i) she was not to have a driver's license; and, (2) she was not to drive a motor vehicle. (5) The sweeping use of cellular phones in today's society greatly affects all of our lives. A recent press release by the National Highway and Traffic Safety Administration (NHTSA) attributes some form of driver distraction as a contributing factor in twenty to thirty percent of all crashes.6 From driver inattentiveness to warnings of cancer, American society is bombarded with the risks that are associated with cellular phone use. Cellular phone safety has even been advocated for children, which prompted Disney to stop licensing the use of its characters on cellular phones. (7) In the midst of these fears, the U.S. government has increasingly been wary of cellular phone risks. There are recent federal bill proposals seeking to regulate the use of hand-held mobile telephones while driving. (8) Federal government agencies, such as the Food and Drug Administration (FDA) have teamed up with the Cellular Telecommunications and Internet Association (CTIA) in order to further research the health and safety implications from cellular phones. (9) Legislation from most of the states also reveals a serious concern for the dangers of driving while using a cellular phone. In 1999, the city of Brooklyn, Ohio, issued a ban on the use of cellular phones while driving, which was the first in the nation. (10) This was followed by the first statewide ban on hand-held cellular phones for drivers in New York. (11) Despite the health and safety concerns, cellular phones have been a pervasive part of everyday lives in the U.S. and abroad. For example, in Italy, Franciscan Monks were fit with new robes with special pockets that accommodate their cellular phones. (12) Not only do cellular phones help connect us to one another, but they have also been used for personal safety, for contacting loved ones, and in times of emergency. Cellular phones played a significant role in the September 11, 2001 terrorist attack on the U.S.. The people that were involved in this incident were no longer free to express their connection through the outside world except through means of modern communication. No longer were the airwaves used to conduct business, or corporate activity, they were used as means of conveying messages, and ensuring safety. For many, the last contact they had with relatives or loved ones was through the use of cellular phones. (13) There have been a variety of safety measures implemented in order to regulate cell phones, ranging from consumer advertising, to encouraging more education, and even enhancement of the cellular phone itself. For example, the CTIA lists ten tips for cell phones users to "minimize the potential for distraction." (14) This note seeks to address health and safety concerns associated with cellular phones as well as call for minimal regulation of cellular phones because of their beneficial nature to our society. Section II explains the origins of cellular phones and how cellular phones operate. Section III explains the health and safety risks associated with driver inattentiveness as a result of cellular phone use. Section IV of this note consists of the health and safety risks that have commonly been feared by use of cellular phones. …