S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9235

                          I N  A S S E M B L Y

                            February 4, 2016
                               ___________

Introduced  by  M.  of  A.  DINOWITZ,  GOTTFRIED, GALEF, GJONAJ, JOYNER,
  TITONE, LINARES -- Multi-Sponsored by -- M. of A. DAVILA, ENGLEBRIGHT,
  GLICK, RAMOS, SKARTADOS -- read once and referred to the Committee  on
  Codes

AN  ACT to amend the criminal procedure law, in relation to establishing
  the New York electronic communications privacy act ("NYECPA")

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The criminal procedure law is amended by adding a new arti-
cle 695 to read as follows:
                               ARTICLE 695
         SEARCH AND SEIZURE OF ELECTRONIC DEVICES AND ELECTRONIC
                             COMMUNICATIONS
SECTION 695.05 SEARCH  AND  SEIZURE OF ELECTRONIC DEVICES AND ELECTRONIC
                 COMMUNICATIONS; DEFINITIONS.
        695.10 SEARCH AND SEIZURE OF ELECTRONIC DEVICES  AND  ELECTRONIC
                 COMMUNICATIONS; IN GENERAL.
        695.15 SEARCH  AND  SEIZURE OF ELECTRONIC DEVICES AND ELECTRONIC
                 COMMUNICATIONS; IN AN EMERGENCY.
        695.20 SEARCH AND SEIZURE OF ELECTRONIC DEVICES  AND  ELECTRONIC
                 COMMUNICATIONS; WHEN EVIDENCE CAN BE SUPPRESSED.
        695.25 SEARCH  AND  SEIZURE OF ELECTRONIC DEVICES AND ELECTRONIC
                 COMMUNICATIONS; ANNUAL REPORT.
S 695.05 SEARCH AND SEIZURE OF ELECTRONIC DEVICES AND ELECTRONIC  COMMU-
           NICATIONS; DEFINITIONS.
  AS USED IN THIS ARTICLE, THE FOLLOWING DEFINITIONS SHALL APPLY:
  1. "ADVERSE RESULT" MEANS ANY OF THE FOLLOWING:
  (A) DANGER TO THE LIFE OR PHYSICAL SAFETY OF AN INDIVIDUAL;
  (B) FLIGHT FROM PROSECUTION;
  (C) DESTRUCTION OF OR TAMPERING WITH EVIDENCE;
  (D) INTIMIDATION OF POTENTIAL WITNESSES; OR
  (E) SERIOUS JEOPARDY TO AN INVESTIGATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13775-01-6

              

A. 9235                             2

  2.  "AUTHORIZED  POSSESSOR" MEANS THE PERSON IN POSSESSION OF AN ELEC-
TRONIC DEVICE WHEN THAT PERSON IS THE OWNER OF THE DEVICE  OR  HAS  BEEN
AUTHORIZED TO POSSESS THE DEVICE BY THE OWNER OF THE DEVICE.
  3.   "ELECTRONIC  COMMUNICATION"  MEANS  THE  TRANSMISSION  OF  SIGNS,
SIGNALS, WRITINGS, IMAGES, SOUNDS, DATA, OR INTELLIGENCE OF  ANY  NATURE
IN WHOLE OR IN PART BY A WIRE, RADIO, ELECTROMAGNETIC, PHOTOELECTRIC, OR
PHOTO-OPTICAL SYSTEM.
  4. "ELECTRONIC COMMUNICATION INFORMATION" MEANS INFORMATION RELATED TO
AN  ELECTRONIC  COMMUNICATION  OR THE USE OF AN ELECTRONIC COMMUNICATION
SERVICE INCLUDING, BUT NOT LIMITED TO THE CONTENTS, SENDER,  RECIPIENTS,
OR  FORMAT  OF  AN  ELECTRONIC COMMUNICATION; THE PRECISE OR APPROXIMATE
LOCATION OF THE SENDER OR RECIPIENTS OF AN ELECTRONIC  COMMUNICATION  AT
ANY  TIME DURING SUCH COMMUNICATION; THE TIME OR DATE SUCH COMMUNICATION
WAS CREATED, SENT, OR RECEIVED AND INFORMATION PERTAINING TO AN INDIVID-
UAL OR DEVICE INVOLVED IN THE COMMUNICATION INCLUDING BUT NOT LIMITED TO
AN INTERNET PROTOCOL ADDRESS. ELECTRONIC COMMUNICATION INFORMATION  DOES
NOT INCLUDE SUBSCRIBER INFORMATION AS DEFINED IN THIS ARTICLE.
  5.  "ELECTRONIC  COMMUNICATION  SERVICE" MEANS A SERVICE THAT PROVIDES
SUBSCRIBERS TO OR USERS OF SUCH SERVICE THE ABILITY TO SEND  OR  RECEIVE
AN  ELECTRONIC  COMMUNICATION  AS  DEFINED  IN THIS ARTICLE, INCLUDING A
SERVICE THAT ACTS AS AN INTERMEDIARY IN THE TRANSMISSION  OF  ELECTRONIC
COMMUNICATIONS, OR THAT STORES ELECTRONIC COMMUNICATION INFORMATION.
  6. "ELECTRONIC DEVICE" MEANS A DEVICE THAT STORES, GENERATES, OR TRAN-
SMITS INFORMATION IN ELECTRONIC FORM.
  7.  "ELECTRONIC  DEVICE  INFORMATION"  MEANS  INFORMATION STORED IN OR
GENERATED THROUGH THE  OPERATION  OF  AN  ELECTRONIC  DEVICE,  INCLUDING
INFORMATION RELATED TO THE LOCATION OF SUCH DEVICE AT ANY TIME.
  8. "ELECTRONIC INFORMATION" MEANS ELECTRONIC COMMUNICATION INFORMATION
OR ELECTRONIC DEVICE INFORMATION.
  9. "LAW ENFORCEMENT AGENCY" MEANS ANY AGENCY WHICH IS EMPOWERED BY LAW
TO  CONDUCT  AN  INVESTIGATION OR TO MAKE AN ARREST FOR AN OFFENSE UNDER
THE PENAL LAW, AND AN AGENCY WHICH IS AUTHORIZED BY LAW TO PROSECUTE  OR
PARTICIPATE IN THE PROSECUTION OF AN OFFENSE UNDER THE PENAL LAW.
  10.  "LAW  ENFORCEMENT  OFFICER"  MEANS  ANY  PUBLIC  SERVANT  WHO  IS
EMPOWERED BY LAW TO CONDUCT AN INVESTIGATION OF OR TO MAKE AN ARREST FOR
AN OFFENSE UNDER THE PENAL LAW, AND ANY ATTORNEY AUTHORIZED  BY  LAW  TO
PROSECUTE  OR  PARTICIPATE  IN  THE  PROSECUTION OF AN OFFENSE UNDER THE
PENAL LAW.
  11. "LOCATION INFORMATION" MEANS INFORMATION REGARDING THE GENERAL  OR
SPECIFIC LOCATION OF AN ELECTRONIC DEVICE.
  12. "SERVICE PROVIDER" MEANS A PERSON OR ENTITY THAT PROVIDES AN ELEC-
TRONIC COMMUNICATION SERVICE.
  13.  "SPECIFIC  CONSENT"  MEANS  CONSENT  PROVIDED  DIRECTLY  TO A LAW
ENFORCEMENT  AGENCY  OR  LAW  ENFORCEMENT  OFFICER  SEEKING  INFORMATION
REGARDING  AN  ELECTRONIC  COMMUNICATION,  INCLUDING  BUT NOT LIMITED TO
CIRCUMSTANCES IN WHICH A LAW ENFORCEMENT AGENCY OR LAW ENFORCEMENT OFFI-
CER IS THE ADDRESSEE OR INTENDED RECIPIENT OR A MEMBER OF  THE  INTENDED
AUDIENCE FOR SUCH COMMUNICATION.
  14. "SUBSCRIBER INFORMATION" MEANS THE NAME, STREET ADDRESS, TELEPHONE
NUMBER,  EMAIL  ADDRESS,  OR  SIMILAR  CONTACT INFORMATION PROVIDED BY A
SUBSCRIBER TO THE SERVICE PROVIDER IN ORDER TO ESTABLISH OR  MAINTAIN  A
COMMUNICATION   CHANNEL  OR  AN  ACCOUNT  FOR  ELECTRONIC  COMMUNICATION
SERVICES, AS WELL AS A SUBSCRIBER  IDENTIFIER  OR  ACCOUNT  NUMBER,  THE
PERIOD  OF  TIME IN WHICH THE SUBSCRIBER RECEIVES SERVICE; AND THE TYPES
OF SERVICES USED BY A USER OF OR SUBSCRIBER TO A SERVICE PROVIDER.

A. 9235                             3

S 695.10 SEARCH AND SEIZURE OF ELECTRONIC DEVICES AND ELECTRONIC  COMMU-
           NICATIONS; IN GENERAL.
  1. EXCEPT AS PROVIDED IN THIS SECTION, A LAW ENFORCEMENT AGENCY OR LAW
ENFORCEMENT OFFICER SHALL NOT:
  (A) COMPEL, INDUCE OR OFFER INCENTIVES FOR THE PRODUCTION OF OR ACCESS
TO ELECTRONIC COMMUNICATION INFORMATION FROM A SERVICE PROVIDER;
  (B)  COMPEL  THE PRODUCTION OF OR ACCESS TO ELECTRONIC DEVICE INFORMA-
TION FROM ANY PERSON OR ENTITY OTHER THAN THE  AUTHORIZED  POSSESSOR  OF
THE DEVICE; OR
  (C)  ACCESS  ELECTRONIC DEVICE INFORMATION BY MEANS OF PHYSICAL INTER-
ACTION OR ELECTRONIC COMMUNICATION WITH THE ELECTRONIC DEVICE.
  2. A LAW ENFORCEMENT AGENCY OR LAW ENFORCEMENT OFFICER MAY COMPEL  THE
PRODUCTION  OF  OR ACCESS TO ELECTRONIC COMMUNICATION INFORMATION FROM A
SERVICE PROVIDER, OR COMPEL THE PRODUCTION OF OR  ACCESS  TO  ELECTRONIC
DEVICE  INFORMATION  FROM ANY PERSON OR ENTITY OTHER THAN THE AUTHORIZED
POSSESSOR OF THE DEVICE ONLY UNDER THE FOLLOWING CIRCUMSTANCES:
  (A) PURSUANT TO A  WARRANT  ISSUED  IN  ACCORDANCE  WITH  ARTICLE  SIX
HUNDRED  NINETY  OF  THIS TITLE AND SUBJECT TO SUBDIVISION THREE OF THIS
SECTION, UNLESS THE LAW ENFORCEMENT AGENCY OR LAW ENFORCEMENT OFFICER IS
REQUIRED UNDER SECTION 250.00 OF THE PENAL LAW AND ARTICLE SEVEN HUNDRED
OF THIS TITLE TO OBTAIN A  WARRANT  ISSUED  PURSUANT  TO  ARTICLE  SEVEN
HUNDRED OF THIS TITLE; OR
  (B)  PURSUANT  TO  A  WARRANT  ISSUED IN ACCORDANCE WITH ARTICLE SEVEN
HUNDRED OF THIS TITLE.
  3. A LAW ENFORCEMENT AGENCY OR  LAW  ENFORCEMENT  OFFICER  MAY  ACCESS
ELECTRONIC  DEVICE INFORMATION BY MEANS OF PHYSICAL INTERACTION OR ELEC-
TRONIC COMMUNICATION WITH THE DEVICE ONLY AS FOLLOWS:
  (A) PURSUANT TO A WARRANT IN ACCORDANCE WITH ARTICLE SIX HUNDRED NINE-
TY OF THIS TITLE AND SUBJECT  TO  SUBDIVISION  THREE  OF  THIS  SECTION,
UNLESS THE LAW ENFORCEMENT AGENCY OR LAW ENFORCEMENT OFFICER IS REQUIRED
UNDER  SECTION 250.00 OF THE PENAL LAW AND ARTICLE SEVEN HUNDRED OF THIS
TITLE TO OBTAIN A WARRANT ISSUED PURSUANT TO ARTICLE  SEVEN  HUNDRED  OF
THIS TITLE;
  (B)  PURSUANT  TO  A  WARRANT  ISSUED IN ACCORDANCE WITH ARTICLE SEVEN
HUNDRED OF THIS TITLE;
  (C) WITH THE SPECIFIC CONSENT  OF  THE  AUTHORIZED  POSSESSOR  OF  THE
DEVICE;
  (D)  WITH  THE  SPECIFIC CONSENT OF THE OWNER OF THE DEVICE, ONLY WHEN
THE DEVICE HAS BEEN REPORTED AS LOST OR STOLEN; OR
  (E) IF THE LAW ENFORCEMENT AGENCY OR LAW ENFORCEMENT OFFICER, IN  GOOD
FAITH,  BELIEVES  THE  DEVICE TO BE LOST, STOLEN, OR ABANDONED, PROVIDED
THAT THE LAW ENFORCEMENT AGENCY OR LAW ENFORCEMENT OFFICER SHALL  ACCESS
ELECTRONIC  DEVICE  INFORMATION  ONLY  FOR  THE PURPOSE OF ATTEMPTING TO
IDENTIFY, VERIFY, OR CONTACT THE OWNER OR AUTHORIZED  POSSESSOR  OF  THE
DEVICE.
  4. ANY WARRANT FOR ELECTRONIC INFORMATION SHALL:
  (A) DESCRIBE WITH PARTICULARITY THE INFORMATION TO BE SEIZED BY SPECI-
FYING  THE  TIME  PERIODS  FOR  WHICH SUCH INFORMATION IS SOUGHT AND, AS
APPROPRIATE AND REASONABLE, THE  TARGET  INDIVIDUALS  OR  ACCOUNTS,  THE
APPLICATIONS  OR  SERVICES COVERED, AND THE TYPES OF INFORMATION SOUGHT;
AND
  (B) COMPLY WITH ALL APPLICABLE PROVISIONS OF STATE  AND  FEDERAL  LAW,
INCLUDING  SUCH  PROVISIONS  THAT  PROHIBIT  OR  LIMIT THE USE OF SEARCH
WARRANTS, OR THAT IMPOSE ADDITIONAL REQUIREMENTS, BEYOND  THE  SCOPE  OF
THIS ARTICLE, REGARDING SEARCH WARRANTS.

A. 9235                             4

  5.  A  SERVICE  PROVIDER  MAY VOLUNTARILY DISCLOSE ELECTRONIC COMMUNI-
CATION INFORMATION OR SUBSCRIBER INFORMATION WHEN THAT DISCLOSURE IS NOT
OTHERWISE PROHIBITED BY THIS ARTICLE OR BY OTHER PROVISIONS OF STATE LAW
OR BY FEDERAL LAW.
  6.  A  LAW ENFORCEMENT AGENCY OR LAW ENFORCEMENT OFFICER THAT RECEIVES
ELECTRONIC COMMUNICATION INFORMATION PROVIDED VOLUNTARILY SHALL  DESTROY
THAT INFORMATION WITHIN NINETY DAYS EXCEPT IN ONE OR MORE OF THE FOLLOW-
ING CIRCUMSTANCES:
  (A)  A LAW ENFORCEMENT OFFICER OR AGENCY OBTAINS SPECIFIC CONSENT FROM
THE SENDER OR RECIPIENT OF THE  ELECTRONIC  COMMUNICATIONS  ABOUT  WHICH
INFORMATION HAS BEEN DISCLOSED; OR
  (B)  A LAW ENFORCEMENT OFFICER OR AGENCY OBTAINS A COURT ORDER AUTHOR-
IZING THE RETENTION OF THE ELECTRONIC COMMUNICATION INFORMATION. A COURT
SHALL ISSUE A RETENTION ORDER UPON A  FINDING  THAT  THE  CONDITIONS  ON
WHICH  THE INITIAL VOLUNTARY DISCLOSURE WAS BASED PERSIST, IN WHICH CASE
THE COURT SHALL AUTHORIZE THE RETENTION OF SUCH INFORMATION ONLY FOR  SO
LONG  AS  THOSE  CONDITIONS PERSIST, OR WHERE THERE IS PROBABLE CAUSE TO
BELIEVE THAT SUCH INFORMATION CONSTITUTES EVIDENCE THAT A CRIME HAS BEEN
COMMITTED.
  (C) INFORMATION RETAINED BY A LAW ENFORCEMENT OFFICER OR AGENT THAT IS
SUBJECT TO THIS PROVISION SHALL NOT BE SHARED WITH:
  (I) PERSONS OR ENTITIES THAT DO NOT AGREE TO  LIMIT  THE  USE  OF  THE
PROVIDED  INFORMATION TO THOSE PURPOSES IDENTIFIED IN THE COURT AUTHORI-
ZATION; AND
  (II) PERSONS OR ENTITIES THAT:
  (A) ARE NOT LEGALLY OBLIGATED TO DESTROY THE PROVIDED INFORMATION UPON
THE EXPIRATION OR RESCINDMENT OF THE COURT'S RETENTION ORDER; OR
  (B) DO NOT VOLUNTARILY AGREE TO DESTROY THE PROVIDED INFORMATION  UPON
THE EXPIRATION OR RESCINDMENT OF THE COURT'S RETENTION ORDER.
  7.  A  LAW  ENFORCEMENT AGENCY OR LAW ENFORCEMENT OFFICER THAT OBTAINS
ELECTRONIC INFORMATION PURSUANT TO  AN  EMERGENCY  INVOLVING  DANGER  OF
DEATH  OR  SERIOUS PHYSICAL INJURY TO A PERSON, WHICH REQUIRES ACCESS TO
THE ELECTRONIC INFORMATION WITHOUT DELAY, SHALL WITHIN THREE DAYS  AFTER
OBTAINING  THE ELECTRONIC INFORMATION FILE WITH THE APPROPRIATE COURT AN
APPLICATION FOR A WARRANT OR ORDER THAT AUTHORIZES ACCESS TO SUCH  ELEC-
TRONIC  INFORMATION,  OR  A  MOTION  SEEKING  APPROVAL  OF THE EMERGENCY
DISCLOSURES THAT SETS FORTH THE FACTS GIVING RISE TO THE EMERGENCY,  AND
IF  APPLICABLE,  A  REQUEST  SUPPORTED BY A SWORN AFFIDAVIT FOR AN ORDER
DELAYING NOTIFICATION TO THE COURT AS REQUIRED UNDER  PARAGRAPH  (A)  OF
SUBDIVISION  TWO  OF  SECTION  695.15  OF  THIS ARTICLE. THE COURT SHALL
PROMPTLY RULE ON SUCH APPLICATION OR MOTION, AND SHALL ORDER THE IMMEDI-
ATE DESTRUCTION OF ALL INFORMATION OBTAINED, AND IMMEDIATE  NOTIFICATION
TO  THE  TARGETS OF A WARRANT OR EMERGENCY REQUEST, PURSUANT TO SUBDIVI-
SION ONE OF SECTION 695.15 OF THIS  ARTICLE,  IF  SUCH  NOTICE  HAS  NOT
ALREADY  BEEN  GIVEN, UPON A FINDING THAT THE FACTS DID NOT GIVE RISE TO
AN EMERGENCY, OR UPON A RULING THAT REJECTS THE WARRANT OR ORDER  APPLI-
CATION ON ANY OTHER GROUND.
  8.  THIS  SECTION  DOES  NOT  LIMIT THE AUTHORITY OF A LAW ENFORCEMENT
AGENCY OR LAW ENFORCEMENT OFFICER TO USE AN ADMINISTRATIVE, GRAND  JURY,
TRIAL, OR CIVIL DISCOVERY SUBPOENA TO DO ANY OF THE FOLLOWING:
  (A)  REQUIRE  AN  ORIGINATOR,  ADDRESSEE,  OR INTENDED RECIPIENT OF AN
ELECTRONIC COMMUNICATION TO DISCLOSE ANY ELECTRONIC COMMUNICATION INFOR-
MATION ASSOCIATED WITH THAT COMMUNICATION;
  (B) REQUIRE AN ENTITY THAT PROVIDES ELECTRONIC COMMUNICATIONS SERVICES
TO ITS OFFICERS, DIRECTORS, EMPLOYEES, OR  AGENTS  FOR  THE  PURPOSE  OF
CARRYING OUT THEIR DUTIES, TO DISCLOSE ELECTRONIC COMMUNICATION INFORMA-

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TION  ASSOCIATED WITH AN ELECTRONIC COMMUNICATION TO OR FROM AN OFFICER,
DIRECTOR, EMPLOYEE, OR AGENT OF THE ENTITY; OR
  (C) REQUIRE A SERVICE PROVIDER TO PROVIDE SUBSCRIBER INFORMATION.
  9.  THIS  SECTION DOES NOT PROHIBIT THE INTENDED RECIPIENT OF AN ELEC-
TRONIC COMMUNICATION FROM  VOLUNTARILY  DISCLOSING  ELECTRONIC  COMMUNI-
CATION  INFORMATION  CONCERNING  THAT COMMUNICATION TO A LAW ENFORCEMENT
AGENCY OR LAW ENFORCEMENT OFFICER.
  10. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO EXPAND ANY AUTHORITY
UNDER STATE LAW TO COMPEL THE PRODUCTION  OF  OR  ACCESS  TO  ELECTRONIC
INFORMATION.
S 695.15 SEARCH  AND SEIZURE OF ELECTRONIC DEVICES AND ELECTRONIC COMMU-
           NICATIONS; IN AN EMERGENCY.
  1. EXCEPT AS OTHERWISE PROVIDED IN THIS  SECTION,  A  LAW  ENFORCEMENT
AGENCY  OR  LAW  ENFORCEMENT OFFICER THAT EXECUTES A WARRANT, OR OBTAINS
ELECTRONIC INFORMATION IN AN EMERGENCY PURSUANT  TO  SECTION  695.10  OF
THIS  ARTICLE, SHALL SERVE UPON OR DELIVER TO THE TARGET OF A WARRANT OR
EMERGENCY REQUEST BY REGISTERED OR FIRST-CLASS MAIL, ELECTRONIC MAIL, OR
BY OTHER MEANS REASONABLY CALCULATED TO  BE  EFFECTIVE,  A  NOTICE  THAT
INFORMS  THE  RECIPIENT  THAT  INFORMATION  ABOUT THE RECIPIENT HAS BEEN
COMPELLED OR REQUESTED. SUCH NOTICE SHALL STATE WITH REASONABLE  SPECIF-
ICITY  THE  NATURE OF THE GOVERNMENT INVESTIGATION PURSUANT TO WHICH THE
INFORMATION IS SOUGHT. THE NOTICE SHALL INCLUDE A COPY OF THE WARRANT OR
A WRITTEN STATEMENT SETTING FORTH FACTS GIVING RISE  TO  THE  EMERGENCY.
THE  NOTICE  SHALL BE PROVIDED CONTEMPORANEOUSLY WITH THE EXECUTION OF A
WARRANT, OR, IN THE CASE  OF  AN  EMERGENCY,  WITHIN  THREE  DAYS  AFTER
OBTAINING  THE ELECTRONIC INFORMATION. NOTICE SHALL BE SUPPLEMENTED WITH
COPIES OF ELECTRONIC INFORMATION  OBTAINED  IN  THE  SAME  FORM  IT  WAS
RECEIVED WITHIN THREE DAYS OF OBTAINING THE ELECTRONIC INFORMATION.
  2.  (A) WHEN A WARRANT IS SOUGHT OR ELECTRONIC INFORMATION IS OBTAINED
IN AN EMERGENCY UNDER SECTION 695.10 OF THIS ARTICLE, THE  LAW  ENFORCE-
MENT  AGENCY  OR LAW ENFORCEMENT OFFICER MAY SUBMIT A REQUEST TO A COURT
SUPPORTED BY A SWORN AFFIDAVIT FOR AN ORDER  DELAYING  NOTIFICATION  AND
PROHIBITING  ANY  PARTY  PROVIDING  INFORMATION FROM NOTIFYING ANY OTHER
PARTY THAT INFORMATION HAS BEEN SOUGHT. THE COURT SHALL ISSUE THE  ORDER
IF  THE  COURT DETERMINES THAT THERE IS REASON TO BELIEVE THAT NOTIFICA-
TION MAY HAVE AN ADVERSE RESULT, BUT ONLY FOR THE PERIOD  OF  TIME  THAT
THE  COURT  FINDS  THERE  IS REASON TO BELIEVE THAT THE NOTIFICATION MAY
HAVE THAT ADVERSE RESULT, AND NOT TO EXCEED NINETY DAYS.
  (B) THE COURT MAY GRANT EXTENSIONS OF THE DELAY OF UP TO  NINETY  DAYS
EACH  ON  THE SAME GROUNDS AS PROVIDED IN PARAGRAPH (A) OF THIS SUBDIVI-
SION.
  (C) UPON EXPIRATION OF THE PERIOD IN WHICH NOTIFICATION IS DELAYED,  A
LAW  ENFORCEMENT  AGENCY OR LAW ENFORCEMENT OFFICER SHALL SERVE UPON THE
IDENTIFIED TARGETS OF A WARRANT OR DELIVER TO THOSE  TARGETS  BY  REGIS-
TERED  OR  FIRST-CLASS  MAIL, ELECTRONIC MAIL, OR OTHER MEANS REASONABLY
CALCULATED TO BE EFFECTIVE AS SPECIFIED BY THE COURT ISSUING  THE  ORDER
AUTHORIZING  DELAYED NOTIFICATION, A DOCUMENT THAT INCLUDES THE INFORMA-
TION DESCRIBED IN SUBDIVISION ONE OF THIS SECTION, ALONG WITH A COPY  OF
ALL  ELECTRONIC  INFORMATION  OBTAINED IN THE SAME FORM IT WAS RECEIVED,
AND A STATEMENT OF THE GROUNDS FOR THE COURT'S DETERMINATION TO GRANT  A
DELAY IN NOTIFYING THE INDIVIDUAL.
  3.  IF THERE IS NO IDENTIFIED TARGET OF A WARRANT OR EMERGENCY REQUEST
AT THE TIME OF ITS ISSUANCE, THE LAW ENFORCEMENT AGENCY OR LAW  ENFORCE-
MENT  OFFICER  SHALL SUBMIT TO THE ATTORNEY GENERAL OF THIS STATE WITHIN
THREE DAYS OF THE EXECUTION OF THE WARRANT OR ISSUANCE OF THE REQUEST  A
REPORT  REGARDING  THE  INFORMATION  REQUIRED IN SUBDIVISION ONE OF THIS

A. 9235                             6

SECTION. IF AN ORDER DELAYING NOTICE IS OBTAINED PURSUANT TO SUBDIVISION
TWO OF THIS SECTION, THE LAW ENFORCEMENT AGENCY OR LAW ENFORCEMENT OFFI-
CER SHALL SUBMIT TO THE ATTORNEY GENERAL  UPON  THE  EXPIRATION  OF  THE
PERIOD  OF  DELAY OF THE NOTIFICATION A REPORT REGARDING THE INFORMATION
REQUIRED IN PARAGRAPH (C) OF SUBDIVISION TWO OF THIS SECTION. THE ATTOR-
NEY GENERAL'S OFFICE SHALL PUBLISH SUCH REPORTS ON ITS INTERNET  WEBSITE
WITHIN  NINETY  DAYS OF RECEIPT. THE ATTORNEY GENERAL SHALL REDACT NAMES
AND OTHER PERSONAL IDENTIFYING INFORMATION FROM THE REPORTS.
  4. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, NOTHING IN THIS ARTI-
CLE SHALL PROHIBIT OR LIMIT A SERVICE PROVIDER OR ANY OTHER  PARTY  FROM
DISCLOSING INFORMATION ABOUT ANY REQUEST OR DEMAND FOR ELECTRONIC INFOR-
MATION.
S 695.20 SEARCH  AND SEIZURE OF ELECTRONIC DEVICES AND ELECTRONIC COMMU-
           NICATIONS; WHEN EVIDENCE CAN BE SUPPRESSED.
  1. PERSONS WHO ARE PARTY TO OR OTHERWISE SUBJECT TO A TRIAL,  HEARING,
OR  OTHER  LEGAL OR ADMINISTRATIVE PROCEEDING MAY MOVE TO SUPPRESS ELEC-
TRONIC INFORMATION OBTAINED OR RETAINED IN VIOLATION  OF  THIS  ARTICLE,
THE  UNITED  STATES CONSTITUTION, STATE CONSTITUTION, THE NEW YORK STATE
CONSTITUTION OR THE PROVISIONS OF THE CRIMINAL PROCEDURE LAW. THE MOTION
SHALL BE MADE AND SHALL BE SUBJECT TO REVIEW BY A  COURT  IN  ACCORDANCE
WITH  THE  PROCEDURES  SET  FORTH  IN  ARTICLE SEVEN HUNDRED TEN OF THIS
TITLE.
  2. THE ATTORNEY GENERAL OF THIS STATE MAY COMMENCE A CIVIL  ACTION  TO
COMPEL  A  LAW  ENFORCEMENT  AGENCY OR LAW ENFORCEMENT OFFICER TO COMPLY
WITH THE PROVISIONS OF THIS ARTICLE.
  3. AN INDIVIDUAL, SERVICE PROVIDER OR OTHER RECIPIENT  OF  A  WARRANT,
ORDER,  OR  OTHER  LEGAL PROCESS THAT IS INCONSISTENT WITH THIS ARTICLE,
THE UNITED STATES CONSTITUTION, OR THE NEW YORK STATE  CONSTITUTION  MAY
PETITION  THE  ISSUING  COURT  TO  VOID OR MODIFY THE WARRANT, ORDER, OR
PROCESS, OR TO ORDER THE  DESTRUCTION  OF  INFORMATION  THAT  IS  SOUGHT
PURSUANT TO SUCH A WARRANT, ORDER OR OTHER LEGAL PROCESS.
  4. A STATE, TERRITORY OR COMMONWEALTH OF THE UNITED STATES AND FOREIGN
CORPORATIONS  AS  WELL AS OFFICERS, EMPLOYEES, AND AGENTS OF THESE ENTI-
TIES SHALL NOT BE SUBJECT TO A CAUSE OF ACTION  FOR  PROVIDING  RECORDS,
INFORMATION, FACILITIES, OR OTHER FORMS OF ASSISTANCE IN ACCORDANCE WITH
THE  TERMS OF A WARRANT, COURT ORDER, STATUTORY AUTHORIZATION, EMERGENCY
CERTIFICATION, OR WIRETAP ORDER ISSUED PURSUANT TO THIS ARTICLE.
S 695.25 SEARCH AND SEIZURE OF ELECTRONIC DEVICES AND ELECTRONIC  COMMU-
           NICATIONS; ANNUAL REPORT.
  1.  A  LAW  ENFORCEMENT AGENCY OR LAW ENFORCEMENT OFFICER THAT OBTAINS
ELECTRONIC COMMUNICATION INFORMATION PURSUANT TO THIS ARTICLE SHALL MAKE
AN ANNUAL REPORT TO THE ATTORNEY GENERAL OF THIS  STATE  REGARDING  SUCH
INFORMATION.  THE  REPORT SHALL BE MADE ON OR BEFORE FEBRUARY FIRST, TWO
THOUSAND EIGHTEEN, AND ON FEBRUARY FIRST OF EACH YEAR THEREAFTER. TO THE
EXTENT SUCH INFORMATION CAN BE REASONABLY DETERMINED, THE  REPORT  SHALL
INCLUDE THE FOLLOWING:
  (A)  THE  TOTAL  NUMBER  OF TIMES ELECTRONIC INFORMATION WAS SOUGHT OR
OBTAINED PURSUANT TO THIS ARTICLE;
  (B) FOR EACH OF THE  FOLLOWING  CATEGORIES  THE  TYPES  OF  ELECTRONIC
INFORMATION,  THE  NUMBER  OF  TIMES  SUCH  INFORMATION  WAS  SOUGHT  OR
OBTAINED, AND THE NUMBER OF RECORDS OBTAINED:
  (I) ELECTRONIC COMMUNICATION CONTENT;
  (II) LOCATION INFORMATION;
  (III) ELECTRONIC DEVICE INFORMATION (NOT INCLUDING  LOCATION  INFORMA-
TION); AND
  (IV) OTHER ELECTRONIC COMMUNICATION INFORMATION.

A. 9235                             7

  (C)  FOR  EACH TYPE OF INFORMATION IDENTIFIED IN PARAGRAPH (B) OF THIS
SUBDIVISION:
  (I)  THE NUMBER OF TIMES THE INFORMATION WAS SOUGHT OR OBTAINED PURSU-
ANT TO:
  (1) WIRETAP ORDERS OBTAINED PURSUANT TO THIS ARTICLE;
  (2) SEARCH WARRANTS OBTAINED PURSUANT TO THIS ARTICLE; AND
  (3) EMERGENCY REQUESTS SUBJECT TO SUBDIVISION EIGHT OF SECTION  695.10
OF THIS ARTICLE.
  (II)  THE  TOTAL NUMBER OF INDIVIDUALS WHOSE INFORMATION WAS SOUGHT OR
OBTAINED;
  (III) THE TOTAL NUMBER OF INSTANCES IN WHICH INFORMATION WAS SOUGHT OR
OBTAINED THAT DID NOT SPECIFY A TARGET INDIVIDUAL  FROM  WHOM  OR  ABOUT
WHOM THE INFORMATION WAS REQUESTED;
  (IV)  FOR  DEMANDS  OR  REQUESTS  ISSUED  UPON A SERVICE PROVIDER, THE
NUMBER OF SUCH DEMANDS OR REQUESTS  COMPLIED  WITH  IN  FULL,  PARTIALLY
COMPLIED WITH, AND NOT COMPLIED WITH;
  (V)  THE  NUMBER OF TIMES NOTICE TO TARGETED INDIVIDUALS OF A WARRANT,
COURT ORDER, STATUTORY AUTHORIZATION, EMERGENCY CERTIFICATION, OR  WIRE-
TAP  ORDER  ISSUED  PURSUANT TO THIS ARTICLE WAS DELAYED AND THE AVERAGE
LENGTH OF THE DELAY;
  (VI) THE NUMBER OF TIMES RECORDS OBTAINED PURSUANT TO A WARRANT, COURT
ORDER, STATUTORY  AUTHORIZATION,  EMERGENCY  CERTIFICATION,  OR  WIRETAP
ORDER  ISSUED PURSUANT TO THIS ARTICLE WERE SHARED WITH OTHER GOVERNMENT
ENTITIES OR ANY DEPARTMENT OR AGENCY OF THE FEDERAL GOVERNMENT, AND  THE
AGENCIES WITH WHICH SUCH RECORDS WERE SHARED;
  (VII)  THE  AVERAGE  PERIOD OF TIME FOR WHICH LOCATION INFORMATION WAS
OBTAINED OR RECEIVED; AND
  (VIII) THE NUMBER OF INSTANCES IN WHICH ELECTRONIC INFORMATION  SOUGHT
OR OBTAINED PURSUANT TO THIS ARTICLE WAS RELEVANT TO A CRIMINAL PROCEED-
ING THAT LED TO A CONVICTION.
  2.  ON  OR  BEFORE  APRIL FIRST, TWO THOUSAND EIGHTEEN, AND EACH APRIL
FIRST THEREAFTER, THE ATTORNEY GENERAL'S OFFICE  SHALL  PUBLISH  ON  ITS
INTERNET WEBSITE THE FOLLOWING:
  (A)  INDIVIDUAL  REPORTS  FROM  EACH  LAW  ENFORCEMENT  AGENCY  OR LAW
ENFORCEMENT OFFICER THAT REQUESTS OR COMPELS THE PRODUCTION OF  CONTENTS
OR  RECORDS PERTAINING TO AN ELECTRONIC COMMUNICATION OR LOCATION INFOR-
MATION; AND
  (B) A SUMMARY AGGREGATING DATA RELATED  TO  EACH  TYPE  OF  ELECTRONIC
COMMUNICATION  IDENTIFIED  IN PARAGRAPHS (A), (B) AND (C) OF SUBDIVISION
ONE OF THIS SECTION.
  3. NOTHING IN THIS  ARTICLE  SHALL  PROHIBIT  OR  RESTRICT  A  SERVICE
PROVIDER  FROM  PRODUCING  AN  ANNUAL  REPORT SUMMARIZING THE DEMANDS OR
REQUESTS IT RECEIVES UNDER THIS ARTICLE.
  S 2. This act shall take effect immediately.