Creates the New York electronic communications privacy act; requires government agents and agencies to obtain a search warrant for physical or electronic access to electronic device information.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1880A
SPONSOR: Dinowitz (MS) 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 adds article 695 to the criminal procedure law to 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 Allow 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,
including data from personal electronic devices, emails, digital docu-
ments, text messages, and location information under normal circum-
stances. The bill also includes thoughtful exceptions to ensure that
they can continue 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:
2021-22: A.5045 - Third Reading Calendar
2019-20: A.2620 - Codes
2017-18: A.1895-A - Codes/S.6044 - Codes
2015-16: A.9235 - Rules
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This act shall take effect immediately.
