Assemblymember Steck and Senator Hinchey Push for Faster Law Enforcement Access to Social Media Data
Today, Assemblymember Phil Steck (D-110th AD) and Senator Michelle Hinchey (D-41st SD) announced legislation (A8022/S8217) that would require social media platforms with over 1 million users to comply with a search warrant issued by law enforcement within 72 hours.
“Currently, when law enforcement issues a lawful search warrant, large social media companies can respond whenever and however they wish. Even in the most serious cases involving drugs or sex crimes, social media platforms are not required to respond in a timely manner,” said Assemblymember Steck. “To protect New Yorkers, this legislation will require large platforms to comply within 72 hours of receiving the warrant. By imposing this requirement, law enforcement will be able to obtain critical information needed to keep New Yorkers safe on social media.”
The bill also mandates that qualifying social media platforms maintain a 24/7 hotline for inquiries related to search warrants and acknowledge receipt of the warrant within eight hours, further streamlining communication between tech companies and law enforcement.
"What happened to Martin Ping's grandson Avery could have been prevented," said Senator Hinchey. “Social media sites must be available and responsive to law enforcement in order to prevent tragedies like this. This bill will ensure our law enforcement can act swiftly when responding to dangerous activity online. I thank Martin for his passionate advocacy, and Assemblymember Steck for introducing this bill in the Assembly. I am proud to lead the fight in the Senate for this measure to become law in the state of New York."
The concept for this legislation originated with Martin Ping, who lost his 16-year-old grandson, Avery Ping, after he connected with a drug dealer on Snapchat and obtained MDMA laced with fentanyl. After Avery’s death, it was discovered that law enforcement had issued a warrant for the dealer’s Snapchat account eight weeks earlier. However, because Snapchat failed to respond in a timely manner, the dealer remained active on the platform and continued to deal drugs while the investigation was stalled.
"I am deeply grateful to Assemblymember Steck, Senator Hinchey, and all the bill's co-sponsors for introducing and supporting common-sense legislation meant to protect our children. Requiring social media companies to respond to a warrant within 72 hours could save lives," said Martin Ping. “If a law like this had been in place, our grandson might have celebrated his 17th birthday.”
The legislation has garnered support from social media safety advocates like Common Sense Media and My Own Image, as well as Albany County District Attorney Lee Kindlon.
“We can’t fight crime in the digital age with analog tools, and every minute is crucial to gathering evidence,” said District Attorney Kindlon. “I applaud Assemblymember Steck’s efforts to require social media platforms to expedite search warrant responses. This will help law enforcement investigate and solve crimes more efficiently and effectively.”
Assemblymember Steck and Senator Hinchey are hopeful that this legislation will be passed during the current legislative session, recognizing the urgent need for stronger protections and faster action in a digital world where time-sensitive information can mean the difference between justice and tragedy.