§ 394-f. Warrants for reproductive health related electronic data. 1.
For the purposes of this section, the following terms shall have the
following meanings:

a. "Electronic communication" means any transfer of signs, signals,
writing, images, sounds, data, or intelligence of any nature transmitted
in whole or in part by a wire, radio, electromagnetic, photoelectronic
or photo-optical system; provided, however, such term shall not include:

i. any telephonic or telegraphic communication.

ii. any communication made through a tone only paging device.

iii. any communication made through a tracking device consisting of an
electronic or mechanical device which permits the tracking of the
movement of a person or object.

iv. any communication that is disseminated by the sender through a
method of transmission that is configured so that such communication is
readily accessible to the public.

b. "Electronic communication services" means any service which
provides to users thereof the ability to send or receive wire or
electronic communications.

c. "Prohibited violation" means any civil or criminal offense defined
under the laws of another state that creates civil or criminal liability
or any theory of vicarious, joint, several or conspiracy liability for,
in whole or in part based on or arising out of, either of the following,
unless such out-of-state proceeding i. sounds in tort or contract; ii.
is actionable, in an equivalent or similar manner, under the laws of
this state; or iii. was brought by the patient who received reproductive
health care, or the patient's legal representative:

(1) providing, facilitating, or obtaining reproductive health care
services that are lawful under New York law; or

(2) intending or attempting to provide, facilitate, or obtain
reproductive health care services that are lawful under New York law.

d. "Reproductive health care services" means any services related to
the performance or aiding within the performance of an abortion
performed within this state that is performed in accordance with the
applicable law of this state, ending, seeking to end, or aiding another
in ending their pregnancy within this state, or procuring or aiding in
the procurement of an abortion within this state.

2. Any person or entity that is headquartered or incorporated in New
York that provides electronic communications services to the general
public, when, in New York, served with a warrant issued by another state
to produce records in New York that would reveal the identity of the
customers using those services, data stored by or on behalf of the
customers, the customers' usage of those services, the recipient or
destination of communications sent to or from those customers, or the
content of those communications, shall not produce those records when
the corporation knows that the warrant relates to an investigation into,
or enforcement of, a prohibited violation.

3. Any person or entity that is headquartered or incorporated in New
York may comply with a warrant as described in subdivision two of this
section if the warrant is accompanied by an attestation made by the
entity seeking the records that the evidence sought is not related to an
investigation into, or enforcement of, a prohibited violation.

4. The attorney general may commence a civil action to compel any
corporation headquartered or incorporated in New York that provides
electronic communications services or remote computing services to the
general public to comply with the provisions of this section.