S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1880--A
                                                          Cal. No. 11
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by  M.  of A. DINOWITZ, JOYNER, L. ROSENTHAL, STECK, WALKER,
   WEPRIN, VANEL, KELLES -- Multi-Sponsored by -- M. of A. COOK,  DAVILA,
   GLICK,  RAMOS, ROZIC, SIMON -- read once and referred to the Committee
   on Codes -- reported from committee,  advanced  to  a  third  reading,
   amended  and  ordered  reprinted,  retaining its place on the order of
   third reading
 
 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01024-03-3
 A. 1880--A                          2
 
   (C) DESTRUCTION OF OR TAMPERING WITH EVIDENCE;
   (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
 A. 1880--A                          3
 
 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.
 § 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
 A. 1880--A                          4
 
   (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.
   (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. 1880--A                          5
 
   (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.
   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
 A. 1880--A                          6
 
 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
 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
 A. 1880--A                          7

 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-FOUR, 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-FIVE, 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
 A. 1880--A                          8
 
 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.