S T A T E O F N E W Y O R K
________________________________________________________________________
5045
2021-2022 Regular Sessions
I N A S S E M B L Y
February 10, 2021
___________
Introduced by M. of A. DINOWITZ, RODRIGUEZ, GOTTFRIED, GALEF, JOYNER,
RICHARDSON, ABINANTI, QUART, L. ROSENTHAL, STECK, SOLAGES, M. MILLER,
WALKER, WEPRIN, VANEL -- Multi-Sponsored by -- M. of A. COOK, DAVILA,
ENGLEBRIGHT, GLICK, RAMOS, ROZIC, SIMON -- 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.
§ 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;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05306-01-1
A. 5045 2
(D) INTIMIDATION OF POTENTIAL WITNESSES; OR
(E) SERIOUS JEOPARDY TO AN INVESTIGATION.
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
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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.
§ 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
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WARRANTS, OR THAT IMPOSE ADDITIONAL REQUIREMENTS, BEYOND THE SCOPE OF
THIS ARTICLE, REGARDING SEARCH WARRANTS.
(C) IF AN AFFIDAVIT, DECLARATION, DEPOSITION, ALLEGATION OF FACT OR
OTHER MATERIAL IS SUBMITTED IN SUPPORT OF THE APPLICATION FOR A WARRANT,
THE JUDGE MUST FILE IT WITH THE COURT WITHIN TWENTY-FOUR HOURS OF THE
ISSUANCE OF A WARRANT.
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;
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(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.
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,
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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
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 MAY PETITION THE ISSUING COURT TO QUASH 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, ON THE BASIS THAT THE WARRANT, ORDER OR PROCESS VIOLATES
THE UNITED STATES CONSTITUTION, THE NEW YORK STATE CONSTITUTION, OR IS
OTHERWISE CONTRARY TO FEDERAL OR STATE LAW. THE WARRANT RECIPIENT MAY
ALSO MOVE THE QUASH ON THE BASIS THAT THE INFORMATION OR RECORDS
REQUESTED ARE UNUSUALLY VOLUMINOUS IN NATURE OR COMPLIANCE WITH SUCH
ORDER OTHERWISE WOULD CAUSE AN UNDUE BURDEN ON SUCH PROVIDER. THE
COURT'S DECISION TO GRANT OR DENY THAT PETITION, IN WHOLE OR IN PART,
FILED UNDER THIS PARAGRAPH IS IMMEDIATELY APPEALABLE PURSUANT TO SECTION
FIFTY-SEVEN HUNDRED ONE OF THE CIVIL PRACTICE LAW AND RULES.
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.
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§ 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-TWO, 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) 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-THREE, 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.
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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.