NY State Senate Bill 2019-S4619

Senate Bill S4619

2019-2020 Legislative Session

Relates to creating the New York electronic communications privacy act; search and seizure of electronic devices and electronic communications

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Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to codes
Mar 15, 2019	referred to codes

2019-S4619 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Add Art 695 §§695.05 - 695.25, CP L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S5730
2021-2022: S4996
2023-2024: S2615

2019-S4619 (ACTIVE) - Summary

Relates to creating the New York electronic communications privacy act; relates to the search and seizure of electronic devices and electronic communications.

2019-S4619 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4619

SPONSOR: PARKER
 
TITLE OF BILL:  An act to amend the criminal procedure law, in
relation to establishing the New York electronic communications privacy
act ("NYECPA")

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would require a search warrant for access to all aspects of
electronic communications except where federal law allows voluntary
disclosure.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the criminal procedure law by adding the new article
695. This bill would require government agents and agencies to obtain a
search warrant for physical or electronic access to electronic device
information. The warrant must be described with particularity and the
government agency must provide contemporaneous notice to the target of
the warrant, with exceptions for emergency situations. The bill would

direct all government agencies that obtain electronic communication
information pursuant to this bill to annually report information to the
Attorney General. The bill provides enforcement mechanisms if government
agencies or agents fail to comply with the provisions of the bill.

Section two provides the effective date.

 
JUSTIFICATION:

New York residents increasingly rely on mobile devices, computers,
tablets, and the internet to connect, communicate, work, research infor-
mation and manage personal matters, including sensitive or confidential
matters. At present, federal and state laws protecting the content of
these private electronic communications are antiquated and fail to
address the surveillance capabilities of modern technology. In this
digital age, it is important to protect the privacy and due process
rights of New York residents by ensuring New York privacy laws are
updated to reflect the capabilities and consequences of new technology.

In two recent decisions, United States v. Jones and Riley v.  Califor-
nia, the U.S. Supreme Court upheld Fourth Amendment privacy rights
against warrantless government surveillance. Justice Alito in Jones also
prompted lawmakers to take action, noting that in circumstances involv-
ing dramatic technological change "a legislative body is well suited to
gauge changing public attitudes, to draw detailed lines, and to balance
privacy and public safety in a comprehensive way." The New York Elec-
tronic Communications Privacy Act heeds the call in Jones for the legis-
lature to act and to safeguard New Yorkers, spur innovation, and support
public safety by updating privacy law to match the modern digital world.

This bill will make sure that the law enforcement officers go to a judge
and get a warrant before they can access sensitive information, includ-
ing data from personal electronic devices, emails, digital documents,
text messages, and location information under normal circumstances. The
bill also includes thoughtful exceptions to ensure that they can contin-
ue to effectively and efficiently protect public safety. The bill's
notice, reporting, and enforcement provisions make sure that there is a

proper transparency and oversight mechanisms to ensure that the law is
followed and there is parity in criminal proceedings.

 
PRIOR LEGISLATIVE HISTORY:

2017-18: S.5730 - REFERRED TO CODES
2016: A.9235 - Referred to Rules

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S4619 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4619
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 15, 2019
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed 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.
 § 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.
                                                            LBD00749-02-9

 S. 4619                             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 AND DOES
 NOT INCLUDE INFORMATION IN THE PUBLIC DOMAIN.
   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.

 S. 4619                             3
 
 § 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 FOUR 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,
 WITHOUT CONSENT, AS PROVIDED IN THIS SECTION, ELECTRONIC DEVICE INFORMA-
 TION  BY  MEANS OF PHYSICAL INTERACTION OR ELECTRONIC 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 FOUR 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.

 S. 4619                             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  SEAL
 THAT  INFORMATION WITHIN NINETY DAYS AND ACCESS TO THE INFORMATION SHALL
 BE PROHIBITED EXCEPT IN ONE OR MORE OF THE FOLLOWING 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  ACCESS TO THE ELECTRONIC COMMUNICATION INFORMATION. A COURT SHALL
 ISSUE AN ACCESS ORDER UPON THE  SAME  FINDING  REQUIRED  FOR  ISSUING  A
 WARRANT PURSUANT TO ARTICLE SIX HUNDRED NINETY OF THIS TITLE AND SUBJECT
 TO SUBDIVISION FOUR OF THIS SECTION.
   (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-
 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.

 S. 4619                             5
 
   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.
 § 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.   THE TARGET  OF  THE  WARRANT  IS
 ENTITLED TO REQUEST A COPY OF THE ELECTRONIC INFORMATION OBTAINED IN THE
 SAME   FORM   IT   WAS  RECEIVED  UPON  REQUEST.  NOTICE  SHALL  INCLUDE
 INSTRUCTIONS FOR REQUESTING COPIES AND A LAW ENFORCEMENT AGENCY AND  LAW
 ENFORCEMENT  OFFICER  MUST PROVIDE COPIES OF INFORMATION OBTAINED IN THE
 SAME FORM WITHIN THREE DAYS OF RECEIVING THE REQUEST FROM THE TARGET  OF
 THE WARRANT.
   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

 S. 4619                             6
 
 REPORT  REGARDING  THE  INFORMATION  REQUIRED IN SUBDIVISION ONE OF THIS
 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.
 § 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.  THIS DOES NOT PRECLUDE ACTION BY
 AN INDIVIDUAL, SERVICE PROVIDER, OR OTHER RECIPIENT OF A WARRANT, ORDER,
 OR OTHER LEGAL PROCESS THAT IS INCONSISTENT WITH 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
 AND  DOMESTIC CORPORATIONS AS WELL AS OFFICERS, EMPLOYEES, AND AGENTS OF
 THESE ENTITIES 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  AUTHORI-
 ZATION,  EMERGENCY  CERTIFICATION,  OR  WIRETAP ORDER ISSUED PURSUANT TO
 THIS ARTICLE.  THIS DOES NOT PRECLUDE A CAUSE OF  ACTION  FOR  PROVIDING
 RECORDS,  INFORMATION,  FACILITIES,  OR  OTHER  FORMS OF ASSISTANCE IN A
 MANNER THAT IS INCONSISTENT WITH THIS ARTICLE.
 § 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 TWENTY, 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;

 S. 4619                             7
 
   (B)  THE  NUMBER OF TIMES SUCH INFORMATION WAS SOUGHT OR OBTAINED, AND
 THE NUMBER OF RECORDS OBTAINED FOR EACH OF THE FOLLOWING CATEGORIES  THE
 TYPES OF ELECTRONIC INFORMATION:
   (I) ELECTRONIC COMMUNICATION CONTENT;
   (II) LOCATION INFORMATION;
   (III)  ELECTRONIC  DEVICE INFORMATION (NOT INCLUDING LOCATION INFORMA-
 TION); AND
   (IV) OTHER ELECTRONIC COMMUNICATION INFORMATION.
   (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 TWENTY-ONE, AND EACH APRIL
 FIRST THEREAFTER, THE ATTORNEY GENERAL'S OFFICE  SHALL  PUBLISH  ON  ITS
 INTERNET  WEBSITE  A  SUMMARY  AGGREGATING  DATA RELATED TO EACH TYPE OF
 ELECTRONIC COMMUNICATION IDENTIFIED IN PARAGRAPHS (A), (B)  AND  (C)  OF
 SUBDIVISION ONE OF THIS SECTION BY COUNTY.
   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.
   § 2. This act shall take effect immediately.

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