Bill Text: NY A03306 | 2023-2024 | 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 30-0)

Status: (Introduced) 2024-01-03 - referred to codes [A03306 Detail]

Download: New_York-2023-A03306-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3306

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 2, 2023
                                       ___________

        Introduced  by  M.  of A. SOLAGES, L. ROSENTHAL, EPSTEIN, HYNDMAN, OTIS,
          SIMON, JACKSON, SEAWRIGHT, HEVESI, WALKER, DICKENS,  HUNTER,  FORREST,
          MAMDANI,  TAYLOR,  AUBRY,  CARROLL  --  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.
    18  § 695.00 Definitions.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01981-01-3
        A. 3306                             2

     1    As  used in this article, the following terms shall have the following
     2  meanings:
     3    1.  "Government  entity"  shall  mean  any department or agency of the
     4  state or any political subdivision thereof, or any individual acting for
     5  or on behalf of the state or a political subdivision thereof.
     6    2. "Person" means a natural person or a legal  entity,  including  but
     7  not  limited  to  a  proprietorship,  partnership,  limited partnership,
     8  corporation, company, limited liability company or corporation,  associ-
     9  ation,  or  other  firm  or similar body, or any unit, division, agency,
    10  department, or similar subdivision thereof.
    11    3. "Reverse keyword court order" means any court  order,  including  a
    12  search  warrant,  compelling  the  disclosure  of records or information
    13  identifying any unnamed persons, by name or other unique identifier, who
    14  electronically  searched  for  particular  words,   phrases,   character
    15  strings, or websites, or who visited a particular website through a link
    16  generated  by  such  a search, regardless of whether or not the order is
    17  limited to a specific geographic area or time frame.
    18    4. "Reverse location court order" means any court order,  including  a
    19  search  warrant,  compelling  the  disclosure  of records or information
    20  pertaining to electronic devices or their users or owners,  whose  scope
    21  extends  to  an  unknown number of electronic devices present in a given
    22  geographic area at a given  time  as  measured  via  global  positioning
    23  system coordinates, cell tower connectivity, Wi-Fi data and/or any other
    24  form of location detection.
    25    5.  "Voluntary  reverse  keyword  request"  means  any  request in the
    26  absence of a court order, by any government entity for the provision  of
    27  records or information identifying any unnamed persons, by name or other
    28  unique  identifier,  who  electronically  searched for particular words,
    29  phrases, character strings, or websites, or  who  visited  a  particular
    30  website through a link generated by such a search, regardless of whether
    31  or not the order is limited to a specific geographic area or time frame.
    32    6.  "Voluntary  reverse  location  request"  means  any request in the
    33  absence of a court order by any government entity for records or  infor-
    34  mation  pertaining to electronic devices or their users or owners, whose
    35  scope extends to an unknown number of electronic devices  present  in  a
    36  given  geographic  area at a given time, whether such device location is
    37  measured via global positioning system coordinates, cell  tower  connec-
    38  tivity, Wi-Fi data and/or any other form of location detection.
    39  § 695.10 Issuance  of  reverse location court orders and reverse keyword
    40             court orders.
    41    No court shall issue a reverse  location  court  order  or  a  reverse
    42  keyword court order.
    43  § 695.20 Execution of reverse location and reverse keyword searches.
    44    1. No government entity shall seek, from any court, a reverse location
    45  court order or a reverse keyword court order.
    46    2.  No  government  entity  shall  make  a  voluntary reverse location
    47  request or a voluntary and reverse keyword request.
    48    3. No government entity shall seek, secure, obtain, borrow,  purchase,
    49  use,  or  review  any  information  or  data  obtained through a reverse
    50  location court order, a reverse keyword court order, a voluntary reverse
    51  location request, or a voluntary keyword request.
    52    4. No government entity shall seek the assistance of  any  non-govern-
    53  mental  entity,  any  agency of the federal government, or any agency of
    54  the government of another state  or  subdivision  thereof  in  obtaining
    55  information or data from a reverse location court order, reverse keyword
    56  court order, reverse location request, or reverse keyword request if the
        A. 3306                             3

     1  government entity would be barred from directly seeking such information
     2  under this article.
     3    5. Notwithstanding any state or local law, regulation, or agreement to
     4  the contrary, no court or government entity of the state of New York, or
     5  political  subdivision  thereof,  shall  support,  assist,  or enforce a
     6  reverse location court order or reverse keyword court  order  issued  by
     7  the  state  of New York or a political subdivision thereof, or any other
     8  state or a political subdivision thereof, including the domestication of
     9  any such court order.
    10    6. Notwithstanding any state or local law, regulation, or agreement to
    11  the contrary, no person or entity in the state of New York, as a  result
    12  of any law, regulation, or agreement adopted by the state of New York or
    13  any  political  subdivision thereof, shall be obligated to comply with a
    14  reverse location court order or a reverse keyword court order issued  by
    15  the  state  of  New York or a political subdivision thereof or any other
    16  state or a political subdivision thereof.
    17  § 695.30 Reverse location and reverse keyword searches;  suppression  of
    18             evidence.
    19    1.  Upon motion from a defendant, a court shall order that evidence be
    20  suppressed or excluded if the court finds that such evidence:
    21    (a) consists of a record acquired via a reverse location court  order,
    22  reverse  keyword  court  order,  voluntary  reverse location request, or
    23  voluntary reverse keyword request; or
    24    (b) was obtained as a  result  of  other  evidence  obtained  under  a
    25  reverse  location  court  order,  reverse keyword court order, voluntary
    26  reverse location request, or voluntary reverse keyword request.
    27    2. This section shall apply regardless of the court which  issued  the
    28  order  and regardless of whether the issuance of the order was permissi-
    29  ble under the procedures of that court.
    30    3. This section shall apply regardless of any claim that the  informa-
    31  tion  or evidence is attenuated from an unlawful order or request, would
    32  inevitably have been discovered, or was simultaneously  or  subsequently
    33  obtained or reobtained through other means.
    34  § 695.40 Reverse location and reverse keyword searches; private right of
    35             action.
    36    1. Any individual whose records were obtained by any government entity
    37  in  violation  of  section  695.20 of this article may institute a civil
    38  action against such government entity for any or all of the following:
    39    (a) One thousand dollars per violation or actual damages, whichever is
    40  greater.
    41    (b) Punitive damages.
    42    (c) Injunctive or declaratory relief.
    43    (d) Any other relief the court deems proper.
    44    2. In assessing the  amount  of  punitive  damages,  the  court  shall
    45  consider:
    46    (a) the number of people whose information was disclosed;
    47    (b)  whether  the  violation  directly  or indirectly targeted persons
    48  engaged in the exercise of activities protected by the  constitution  of
    49  the  United  States  of  America or the constitution of the state of New
    50  York; and
    51    (c) the persistence of violations by the particular government entity.
    52    3. In any action brought under this section,  the  court  shall  award
    53  reasonable  attorneys'  fees,  expenses and costs to a prevailing plain-
    54  tiff.
    55  § 695.50 Physical searches excluded.
        A. 3306                             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.