BILL NUMBER: S1531
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:
2023/24: S2615 - Referred to Codes
2021-22: S.4996 - Referred to Codes
2019-20: S.4619 - Referred to Codes
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.