Simotas, De La Rosa, Mosley, Rosenthal L, Epstein, Hyndman, Barron, Abinanti, Otis, Gottfried,
Simon
MLTSPNSR
Add Art 695 695.00 - 695.50, CP L
Prohibits the search, with or without a warrant, of geolocation data of a group of people who are under no individual suspicion of having committed a crime, but rather are defined by having been at a given location at a given time.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10246A
SPONSOR: Quart TITLE OF BILL:
An act to amend the criminal procedure law, in relation to prohibiting
the search, with or without a warrant, of geolocation data of a group of
people who are under no individual suspicion of having committed a
crime, but rather are defined by having been at a given location at a
given time
PURPOSE OR GENERAL IDEA OF BILL:
Prohibits the search, with or without a warrant, of the geolocation data
of a group of people who are under no individual suspicion of having
committed a crime, but rather are defined by having been at a location
at a given time.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 sets the short title.
Section 2 amends the criminal procedure law to create a new article 695,
prohibiting reverse location searches, through warrant or court order,
by law enforcement officers.
Section 3 sets the effective date.
JUSTIFICATION:
Electronic device location data provides an invasive and effective
record of individuals' movements. While such tracking is invasive and
effective when targeted at an individual, it gives a dangerous an
unprecedented amount of information to law enforcement about random
individuals when directed at entire groups. With a reverse location
search warrant ("reverse search warrant") and reverse location data
requests ("reverse requests"), law enforcement can surveil an entire
neighborhood through a single warrant or request. Reverse search
warrants and requests are different from traditional warrants where
police ask for information about a single telephone or a specific indi-
vidual. As the name suggests, to obtain a reverse search warrant, law
enforcement officers request the location data on every user within a
certain geographic area during a certain timeframe. It is impossible to
know at the time such a warrant request is made the number of people
whose information will be obtained. . Reverse search warrants and
reverse search warrant requests have previously obtained data on tens of
thousands of people with a single warrant or request. This type of
search is analogous to law enforcement searching every unit in an apart-
ment building because law enforcement personnel suspect there is a gun
in one apartment, a practice that has been rule unconstitutional.
Location data can reveal intimate information about a person's move-
ments, religious practices, political affiliations, and medical health.
This legislation would protect fundamental constitutional rights by
outlawing reverse search warrants and reverse search warrant requests
and by providing deterrents to any efforts by law enforcement personnel
to circumvent the prohibition.
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
Immediately
STATE OF NEW YORK
________________________________________________________________________
10246--A
IN ASSEMBLY
April 8, 2020
___________
Introduced by M. of A. QUART, SIMOTAS -- read once and referred to the
Committee on Codes -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the criminal procedure law, in relation to prohibiting
the search, with or without a warrant, of geolocation data of a group
of people who are under no individual suspicion of having committed a
crime, but rather are defined by having been at a given location at a
given time
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "reverse location search prohibition act".
3 § 2. The criminal procedure law is amended by adding a new article 695
4 to read as follows:
5 ARTICLE 695
6 REVERSE LOCATION SEARCHES
7 Section 695.00 Definitions.
8 695.10 Issuance of reverse location court orders.
9 695.20 Execution of reverse location searches.
10 695.30 Reverse location searches; suppression of evidence.
11 695.40 Reverse location searches; private right of action.
12 695.50 Physical searches excluded.
13 § 695.00 Definitions. As used in this article, the following terms shall
14 have the following meanings:
15 1. "Reverse location court order" means any court order, including a
16 search warrant, compelling the disclosure of records or information
17 pertaining to electronic devices or their users or owners, whose scope
18 extends to an unknown number of electronic devices present in a given
19 geographic area at a given time as measured via global positioning
20 system coordinates, cell tower connectivity, and/or any other form of
21 location detection.
22 2. "Voluntary reverse location request" means any request in the
23 absence of a court order by a law enforcement officer for records or
24 information pertaining to electronic devices or their users or owners,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15834-03-0
A. 10246--A 2
1 whose scope extends to an unknown number of electronic devices present
2 in a given geographic area at a given time, whether such device location
3 is measured via global positioning system coordinates, cell tower
4 connectivity, or any other form of location detection.
5 3. "Law enforcement officer" means any police officer, peace officer,
6 or prosecutor.
7 § 695.10 Issuance of reverse location court orders.
8 No court shall issue a reverse location court order.
9 § 695.20 Execution of reverse location searches.
10 1. No law enforcement officer shall seek, from any court, a reverse
11 location court order.
12 2. No law enforcement officer shall make a voluntary reverse location
13 request.
14 § 695.30 Reverse location searches; suppression of evidence.
15 1. Upon motion from a defendant, a court shall order that evidence be
16 suppressed or excluded if the court finds that such evidence:
17 (a) consists of a record acquired via a reverse location court order
18 or voluntary reverse location request; or
19 (b) was obtained as a result of other evidence obtained under a
20 reverse location court order or voluntary reverse location request.
21 2. This section shall apply regardless of the court which issued the
22 order and regardless of whether the issuance of the order was permissi-
23 ble under the procedures of that court.
24 § 695.40 Reverse location searches; private right of action.
25 1. Any individual whose records were obtained by a law enforcement
26 officer in violation of section 695.20 of this article may institute a
27 civil action against the employing agency of the law enforcement officer
28 for any of the following:
29 (a) One thousand dollars per violation or actual damages, whichever is
30 greater.
31 (b) Punitive damages.
32 (c) Injunctive or declaratory relief.
33 (d) Any other relief the court deems proper.
34 2. In assessing the amount of punitive damages, the court shall
35 consider:
36 (a) The number of people whose information was disclosed.
37 (b) The proximity of the search to locations with heightened privacy
38 concerns, including, but not limited to, houses of worship, political
39 protests, and medical facilities.
40 (c) The persistence of violations by the particular law enforcement
41 agency and law enforcement officer.
42 3. In any action brought under this section, the court may award
43 reasonable attorneys' fees to a prevailing plaintiff.
44 § 695.50 Physical searches excluded.
45 The foregoing limitations shall not apply to the search of any elec-
46 tronic device lawfully seized pursuant to a search warrant issued under
47 article six hundred ninety of this title.
48 § 3. This act shall take effect immediately.
