S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10447
 
                           I N  A S S E M B L Y
 
                               May 23, 2022
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Mamdani) --
   read once and referred to the Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation  to  prohibiting
   the  creation of fake electronic communication service accounts and to
   prohibiting the collection and use of individuals' account information
   by law enforcement officers and other government entities

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "stop online police fake accounts and keep everyone safe act" or the
 "stop fakes act".
   § 2. The criminal procedure law is amended by adding a new article 702
 to read as follows:
                                ARTICLE 702
   DECEPTIVE LAW ENFORCEMENT ACCESS TO ELECTRONIC COMMUNICATION SERVICE
                            ACCOUNTS PROHIBITED
 SECTION 702.00 DEFINITIONS.
         702.10 LAW ENFORCEMENT CREATION OF FAKE ACCOUNTS PROHIBITED.
         702.20 LAW ENFORCEMENT USE OF FAKE ACCOUNTS PROHIBITED.
         702.30 THIRD PARTY USE OF FAKE ACCOUNTS.
         702.40 LAW ENFORCEMENT COLLECTION OF ACCOUNT INFORMATION PROHIB-
                 ITED.
         702.50 LAW ENFORCEMENT USE OF ACCOUNT INFORMATION PROHIBITED.
         702.60 FAKE ACCOUNTS AND COLLECTION OF CREDENTIALS;  SUPPRESSION
                 OF EVIDENCE.
         702.70  FAKE  ACCOUNTS  AND  COLLECTION  OF ACCOUNT INFORMATION;
                 PRIVATE RIGHT OF ACTION.
 § 702.00 DEFINITIONS.
   AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE  FOLLOWING
 MEANINGS:
   1.  "GOVERNMENT  ENTITY"  SHALL  MEAN  ANY DEPARTMENT OR AGENCY OF THE
 STATE OR ANY POLITICAL SUBDIVISION THEREOF, OR ANY INDIVIDUAL ACTING FOR
 OR ON BEHALF OF SUCH DEPARTMENT OR AGENCY  OF  THE  STATE  OR  POLITICAL
 SUBDIVISION THEREOF.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14780-03-2
 A. 10447                            2
 
   2.  "LAW ENFORCEMENT OFFICER" MEANS ANY POLICE OFFICER, PEACE OFFICER,
 SCHOOL RESOURCE OFFICER OR PROSECUTOR.
   3.  "ELECTRONIC  COMMUNICATION"  MEANS  ANY COMMUNICATION SENT BETWEEN
 ACCOUNT HOLDERS USING AN ELECTRONIC COMMUNICATION SERVICE.
   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 RECIPIENT OF AN ELECTRONIC  COMMUNICATION AT
 ANY TIME DURING SUCH ELECTRONIC COMMUNICATION; THE  TIME  OR  DATE  SUCH
 ELECTRONIC  COMMUNICATION WAS CREATED, SENT, OR RECEIVED AND INFORMATION
 PERTAINING TO AN INDIVIDUAL OR DEVICE INVOLVED IN SUCH ELECTRONIC COMMU-
 NICATION INCLUDING BUT NOT LIMITED  TO  AN  INTERNET  PROTOCOL  ADDRESS.
 "ELECTRONIC  COMMUNICATION INFORMATION" SHALL 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, INCLUDING A SERVICE THAT ACTS AS AN  INTER-
 MEDIARY IN THE TRANSMISSION OF ELECTRONIC COMMUNICATIONS, OR THAT STORES
 ELECTRONIC COMMUNICATION INFORMATION.
   6.  "ACCOUNT"  MEANS AN INDIVIDUAL PROFILE OR ACCOUNT CREATED USING AN
 ELECTRONIC COMMUNICATION SERVICE.
   7. "ACCOUNT INFORMATION" MEANS INFORMATION USED TO ACCESS OR  IDENTIFY
 AN  INDIVIDUAL'S  ACCOUNT  INCLUDING, BUT NOT LIMITED TO, ACCESS CREDEN-
 TIALS, USERNAMES, PASSWORDS, AND/OR BIOMETRIC IDENTIFIERS.
   8. "FAKE ACCOUNT" MEANS ANY ACCOUNT CREATED WITH OR  USED  WITH  FALSE
 IDENTIFYING  INFORMATION,  INCLUDING,  BUT NOT LIMITED TO, NAME, OCCUPA-
 TION, OR PICTURES.
   9. "COLLECT" OR "COLLECTION" MEANS ANY METHOD USED TO OBTAIN AN  INDI-
 VIDUAL'S  ACCOUNT INFORMATION, INCLUDING BUT NOT LIMITED TO, REQUESTING,
 DEMANDING, AND/OR COERCING ANY INDIVIDUAL TO PROVIDE SUCH ACCOUNT INFOR-
 MATION FROM INDIVIDUALS IN PERSON, ELECTRONICALLY, IN WRITING, OR OTHER-
 WISE.
   10. "ACCOUNT HOLDER" MEANS THE CREATOR AND OPERATOR OF AN ACCOUNT.
 § 702.10 LAW ENFORCEMENT CREATION OF FAKE ACCOUNTS PROHIBITED.
   NO LAW ENFORCEMENT OFFICER SHALL CREATE A FAKE ACCOUNT WITH  AN  ELEC-
 TRONIC COMMUNICATION SERVICE.
 § 702.20 LAW ENFORCEMENT USE OF FAKE ACCOUNTS PROHIBITED.
   NO  LAW ENFORCEMENT OFFICER SHALL ACCESS OR USE A FAKE ACCOUNT FOR ANY
 PURPOSE, INCLUDING, BUT NOT LIMITED TO,  COMMUNICATION  WITH  INDIVIDUAL
 ACCOUNTS,  PUBLIC COMMUNICATIONS, UPDATES TO ACCOUNT INFORMATION, AND/OR
 REQUESTS TO ACCESS INFORMATION OR CONTENT FROM THE USER OF ANY ELECTRON-
 IC COMMUNICATION SERVICE.
 § 702.30 THIRD PARTY USE OF FAKE ACCOUNTS.
   NO GOVERNMENT ENTITY OR GOVERNMENT OFFICIAL SHALL SEEK THE  ASSISTANCE
 OF  ANY  NON-GOVERNMENT ENTITY, ANY AGENCY OF THE FEDERAL GOVERNMENT, OR
 ANY AGENCY OF THE GOVERNMENT OF ANOTHER STATE OR SUBDIVISION THEREOF  IN
 OBTAINING  INFORMATION  OR  DATA USING A FAKE ACCOUNT IF SUCH GOVERNMENT
 ENTITY OR GOVERNMENT OFFICIAL WOULD BE BARRED FROM DIRECTLY SEEKING SUCH
 INFORMATION UNDER THIS ARTICLE.
 § 702.40 LAW ENFORCEMENT COLLECTION OF ACCOUNT INFORMATION PROHIBITED.
   NO LAW ENFORCEMENT  OFFICER  OR  GOVERNMENT  OFFICIAL  SHALL  REQUEST,
 DEMAND,  AND/OR  COERCE ANY ACCOUNT HOLDER TO PROVIDE SUCH ACCOUNT HOLD-
 ER'S ACCOUNT INFORMATION.
 § 702.50 LAW ENFORCEMENT USE OF ACCOUNT INFORMATION PROHIBITED.
 A. 10447                            3
 
   NO LAW ENFORCEMENT  OFFICER  OR  GOVERNMENT  OFFICIAL  SHALL  USE  ANY
 ACCOUNT  INFORMATION  OBTAINED  IN  VIOLATION  OF SECTION 702.40 OF THIS
 ARTICLE, INCLUDING, BUT NOT LIMITED TO, BY LOGGING INTO AN  INDIVIDUAL'S
 ACCOUNT.  NOTHING IN THIS SECTION SHALL PROHIBIT A LAW ENFORCEMENT OFFI-
 CER  OR  GOVERNMENT  OFFICIAL FROM CREATING AND MAINTAINING ACCOUNTS FOR
 PERSONAL USE, PROVIDED THAT SUCH ACCOUNTS ARE NOT USED IN THE  SCOPE  OF
 ANY LAW ENFORCEMENT OR INVESTIGATIVE DUTIES.
 §  702.60  FAKE  ACCOUNTS  AND COLLECTION OF CREDENTIALS; SUPPRESSION OF
            EVIDENCE.
   1. UPON MOTION FROM A DEFENDANT, A COURT SHALL ORDER THAT EVIDENCE  BE
 SUPPRESSED OR EXCLUDED IF THE COURT FINDS THAT SUCH EVIDENCE:
   (A) CONSISTS OF A RECORD ACQUIRED VIA A FAKE ACCOUNT;
   (B)  WAS  OBTAINED  AS  A  RESULT OF OTHER RECORDS OBTAINED VIA A FAKE
 ACCOUNT; OR
   (C) CONSISTS OF A RECORD,  OR  WAS  OBTAINED  AS  A  RESULT  OF  OTHER
 RECORDS,  ACQUIRED  VIA ACCOUNT ACCESS CREDENTIALS OBTAINED IN VIOLATION
 OF THIS ARTICLE.
   2. THIS SECTION SHALL APPLY REGARDLESS OF ANY CLAIM THAT THE  INFORMA-
 TION  OR EVIDENCE IS ATTENUATED FROM AN UNLAWFUL ORDER OR REQUEST, WOULD
 INEVITABLY HAVE BEEN DISCOVERED, OR WAS SIMULTANEOUSLY  OR  SUBSEQUENTLY
 OBTAINED OR REOBTAINED THROUGH OTHER MEANS.
 §  702.70  FAKE  ACCOUNTS AND COLLECTION OF ACCOUNT INFORMATION; PRIVATE
            RIGHT OF ACTION.
   1. ANY INDIVIDUAL WHOSE ACCOUNT  INFORMATION,  RECORDS,  EVIDENCE,  OR
 OTHER  INFORMATION  WERE  EITHER  ACCESSED  BY  ANY GOVERNMENT ENTITY OR
 GOVERNMENT OFFICIAL OR BY A THIRD PARTY AT THE REQUEST OF  A  GOVERNMENT
 ENTITY OR GOVERNMENT OFFICIAL IN VIOLATION OF THIS ARTICLE MAY INSTITUTE
 A CIVIL ACTION AGAINST SUCH GOVERNMENT ENTITY OR GOVERNMENT OFFICIAL FOR
 ANY OR ALL OF THE FOLLOWING:
   (A) TEN THOUSAND DOLLARS PER VIOLATION OR ACTUAL DAMAGES, WHICHEVER IS
 GREATER;
   (B) PUNITIVE DAMAGES;
   (C) INJUNCTIVE OR DECLARATORY RELIEF; AND/OR
   (D) ANY OTHER RELIEF THE COURT DEEMS PROPER.
   2. IN ASSESSING THE AMOUNT OF PUNITIVE DAMAGES UNDER THIS SECTION, THE
 COURT SHALL CONSIDER:
   (A)  THE  NUMBER  OF PEOPLE WHOSE ELECTRONIC COMMUNICATION INFORMATION
 WAS DISCLOSED;
   (B) THE  TARGETING  OF  ACCOUNTS  WITH  HEIGHTENED  PRIVACY  CONCERNS,
 INCLUDING,  BUT  NOT  LIMITED TO, HOUSES OF WORSHIP, POLITICAL ORGANIZA-
 TIONS, AND MEDICAL FACILITIES, AND INDIVIDUALS ASSOCIATED THEREWITH; AND
   (C) THE PERSISTENCE OF VIOLATIONS BY THE PARTICULAR GOVERNMENT  ENTITY
 OR GOVERNMENT OFFICIAL.
   3.  IN  ANY  ACTION  BROUGHT UNDER THIS SECTION, THE COURT SHALL AWARD
 REASONABLE ATTORNEYS' FEES, EXPENSES, AND COSTS TO A  PREVAILING  PLAIN-
 TIFF.
   § 3. This act shall take effect immediately.