Bill Text: NY A00407 | 2025-2026 | General Assembly | Introduced

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Bill Title: Prohibits the search, with or without a warrant, of geolocation and keyword 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 or searched particular words, phrases, character strings, or websites.

Spectrum: Partisan Bill (Democrat 28-0)

Status: (Introduced) 2025-01-08 - referred to codes [A00407 Detail]

Download: New_York-2025-A00407-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           407

                               2025-2026 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 8, 2025
                                       ___________

        Introduced  by  M.  of  A.  SOLAGES,  ROSENTHAL, EPSTEIN, HYNDMAN, OTIS,
          SIMON, JACKSON, SEAWRIGHT, HEVESI, WALKER, HUNTER,  FORREST,  MAMDANI,
          TAYLOR, R. CARROLL, RAGA, SIMONE, CRUZ, GLICK, SHRESTHA, REYES, ZACCA-
          RO,  GONZALEZ-ROJAS,  SEPTIMO, GIBBS, GALLAGHER, WEPRIN, STECK -- read
          once and referred to the Committee on Codes

        AN ACT to amend the criminal procedure law, in relation  to  prohibiting
          the search, with or without a warrant, of geolocation and keyword 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 or searched particular words, phrases, char-
          acter strings, or websites

          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 and reverse keyword 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 AND REVERSE KEYWORD SEARCHES
     7  Section 695.00 Definitions.
     8          695.10 Issuance of reverse location  court  orders  and  reverse
     9                   keyword court orders.
    10          695.20 Execution of reverse location and reverse keyword search-
    11                   es.
    12          695.30 Reverse    location   and   reverse   keyword   searches;
    13                   suppression of evidence.
    14          695.40 Reverse location and reverse  keyword  searches;  private
    15                   right of action.
    16          695.50 Physical searches excluded.
    17          695.60 Severability.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01558-01-5
        A. 407                              2

     1  § 695.00 Definitions.
     2    As  used in this article, the following terms shall have the following
     3  meanings:
     4    1. "Government entity" shall mean any  department  or  agency  of  the
     5  state or any political subdivision thereof, or any individual acting for
     6  or on behalf of the state or a political subdivision thereof.
     7    2.  "Person"  means  a natural person or a legal entity, including but
     8  not limited  to  a  proprietorship,  partnership,  limited  partnership,
     9  corporation,  company, limited liability company or corporation, associ-
    10  ation, or other firm or similar body, or  any  unit,  division,  agency,
    11  department, or similar subdivision thereof.
    12    3.  "Reverse  keyword  court order" means any court order, including a
    13  search warrant, compelling the  disclosure  of  records  or  information
    14  identifying any unnamed persons, by name or other unique identifier, who
    15  electronically   searched   for  particular  words,  phrases,  character
    16  strings, or websites, or who visited a particular website through a link
    17  generated by such a search, regardless of whether or not  the  order  is
    18  limited to a specific geographic area or time frame.
    19    4.  "Reverse  location court order" means any court order, including a
    20  search warrant, compelling the  disclosure  of  records  or  information
    21  pertaining  to  electronic devices or their users or owners, whose scope
    22  extends to an unknown number of electronic devices present  in  a  given
    23  geographic  area  at  a  given  time  as measured via global positioning
    24  system coordinates, cell tower connectivity, Wi-Fi data and/or any other
    25  form of location detection.
    26    5. "Voluntary reverse  keyword  request"  means  any  request  in  the
    27  absence  of a court order, by any government entity for the provision of
    28  records or information identifying any unnamed persons, by name or other
    29  unique identifier, who electronically  searched  for  particular  words,
    30  phrases,  character  strings,  or  websites, or who visited a particular
    31  website through a link generated by such a search, regardless of whether
    32  or not the order is limited to a specific geographic area or time frame.
    33    6. "Voluntary reverse location  request"  means  any  request  in  the
    34  absence  of a court order by any government entity for records or infor-
    35  mation pertaining to electronic devices or their users or owners,  whose
    36  scope  extends  to  an unknown number of electronic devices present in a
    37  given geographic area at a given time, whether such device  location  is
    38  measured  via  global positioning system coordinates, cell tower connec-
    39  tivity, Wi-Fi data and/or any other form of location detection.
    40  § 695.10 Issuance of reverse location court orders and  reverse  keyword
    41             court orders.
    42    No  court  shall  issue  a  reverse  location court order or a reverse
    43  keyword court order.
    44  § 695.20 Execution of reverse location and reverse keyword searches.
    45    1. No government entity shall seek, from any court, a reverse location
    46  court order or a reverse keyword court order.
    47    2. No government  entity  shall  make  a  voluntary  reverse  location
    48  request or a voluntary and reverse keyword request.
    49    3.  No government entity shall seek, secure, obtain, borrow, purchase,
    50  use, or review any  information  or  data  obtained  through  a  reverse
    51  location court order, a reverse keyword court order, a voluntary reverse
    52  location request, or a voluntary keyword request.
    53    4.  No  government entity shall seek the assistance of any non-govern-
    54  mental entity, any agency of the federal government, or  any  agency  of
    55  the  government  of  another  state  or subdivision thereof in obtaining
    56  information or data from a reverse location court order, reverse keyword
        A. 407                              3

     1  court order, reverse location request, or reverse keyword request if the
     2  government entity would be barred from directly seeking such information
     3  under this article.
     4    5. Notwithstanding any state or local law, regulation, or agreement to
     5  the contrary, no court or government entity of the state of New York, or
     6  political  subdivision  thereof,  shall  support,  assist,  or enforce a
     7  reverse location court order or reverse keyword court  order  issued  by
     8  the  state  of New York or a political subdivision thereof, or any other
     9  state or a political subdivision thereof, including the domestication of
    10  any such court order.
    11    6. Notwithstanding any state or local law, regulation, or agreement to
    12  the contrary, no person or entity in the state of New York, as a  result
    13  of any law, regulation, or agreement adopted by the state of New York or
    14  any  political  subdivision thereof, shall be obligated to comply with a
    15  reverse location court order or a reverse keyword court order issued  by
    16  the  state  of  New York or a political subdivision thereof or any other
    17  state or a political subdivision thereof.
    18  § 695.30 Reverse location and reverse keyword searches;  suppression  of
    19             evidence.
    20    1.  Upon motion from a defendant, a court shall order that evidence be
    21  suppressed or excluded if the court finds that such evidence:
    22    (a) consists of a record acquired via a reverse location court  order,
    23  reverse  keyword  court  order,  voluntary  reverse location request, or
    24  voluntary reverse keyword request; or
    25    (b) was obtained as a  result  of  other  evidence  obtained  under  a
    26  reverse  location  court  order,  reverse keyword court order, voluntary
    27  reverse location request, or voluntary reverse keyword request.
    28    2. This section shall apply regardless of the court which  issued  the
    29  order  and regardless of whether the issuance of the order was permissi-
    30  ble under the procedures of that court.
    31    3. This section shall apply regardless of any claim that the  informa-
    32  tion  or evidence is attenuated from an unlawful order or request, would
    33  inevitably have been discovered, or was simultaneously  or  subsequently
    34  obtained or reobtained through other means.
    35  § 695.40 Reverse location and reverse keyword searches; private right of
    36             action.
    37    1. Any individual whose records were obtained by any government entity
    38  in  violation  of  section  695.20 of this article may institute a civil
    39  action against such government entity for any or all of the following:
    40    (a) One thousand dollars per violation or actual damages, whichever is
    41  greater.
    42    (b) Punitive damages.
    43    (c) Injunctive or declaratory relief.
    44    (d) Any other relief the court deems proper.
    45    2. In assessing the  amount  of  punitive  damages,  the  court  shall
    46  consider:
    47    (a) the number of people whose information was disclosed;
    48    (b)  whether  the  violation  directly  or indirectly targeted persons
    49  engaged in the exercise of activities protected by the  constitution  of
    50  the  United  States  of  America or the constitution of the state of New
    51  York; and
    52    (c) the persistence of violations by the particular government entity.
    53    3. In any action brought under this section,  the  court  shall  award
    54  reasonable  attorneys'  fees,  expenses and costs to a prevailing plain-
    55  tiff.
    56  § 695.50 Physical searches excluded.
        A. 407                              4

     1    The foregoing limitations shall not apply to the search of  any  elec-
     2  tronic  device  lawfully  seized  and/or  searched  pursuant to a search
     3  warrant issued under article six hundred ninety of this title.
     4  § 695.60 Severability.
     5    The provisions of this article are severable. If any part or provision
     6  of this article, or the application of this article to any person, enti-
     7  ty,  or  circumstance,  is  held invalid, the remainder of this article,
     8  including the application of such part or provision  to  other  persons,
     9  entities,  or  circumstances,  shall not be affected by such holding and
    10  shall continue to have force and effect.
    11    § 3. This act shall take effect immediately.