How, in the 21st century, has USFCA not gotten the memo to redirect HTTP requests to a root domain to a default subdomain instead of black-holing them?
At this point, That's just sloppiness on USFCA's part.
Smarter bad actors could still do it without being detected. Hiding an encrypted message in unsuspicious messages isn't that difficult. I really don't see the point of having such a law.
Back to Devil's Advocate, You could say that about most laws, people breaking them will find more clever ways to avoid getting caught. The fact that you can be more clever, does not mean it should be legal.
The article says, "But detecting sounds in a driver’s car without permission was clearly invasive." But it also explicitly says it would use the accelerometer and gyroscope. Perhaps these are sensitive enough to pick up vibrations from the speaker.
Different apps have unique vibration patterns, as well. A text message on my iPhone is two buzzes, but a NYTimes news alert is one. Perhaps if you detected a single buzz, and then picked up motion because I'm double-clicking the home button, you could presume that I'm switching apps to respond to the notification.
Most drivers would have sound on and not purely use vibrations, because the phone is not in their pocket.