senate Bill S6413

2013-2014 Legislative Session

Expands the definition of electronic communication

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 22, 2014 referred to codes

S6413 - Bill Details

See Assembly Version of this Bill:
A8215
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §250.00, Pen L

S6413 - Bill Texts

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Expands the definition of "electronic communication".

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BILL NUMBER:S6413

TITLE OF BILL: An act to amend the penal law, in relation to
expanding the definition of "electronic communication"

PURPOSE OR GENERAL IDEA OF BILL:

This bill seeks to broaden the definition of "electronic
communication" (within the existing penal law) by incorporating "meta
date or data regarding the time, duration, and location of any such
signs, signals, writing, images, or sounds.

SUMMARY OF SPECIFIC PROVISIONS:

Section 5 defines "electronic communications."

JUSTIFICATION:

With the advent of metadata becoming a more prominent way to access
and track citizens' electronic activity there needs to be regulatory
measures implemented to prevent criminal justice agencies from having
unfettered access to this form of information without appropriate
safeguards in place.

PRIOR LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6413

                            I N  S E N A T E

                            January 22, 2014
                               ___________

Introduced  by  Sen.  DILAN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to expanding  the  definition
  of "electronic communication"

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 5 of  section  250.00  of  the  penal  law,  as
amended  by  chapter  744  of  the  laws  of 1988, is amended to read as
follows:
  5. "Electronic communication" means any transfer  of  signs,  signals,
writing,  images, sounds, data, or intelligence of any nature, INCLUDING
DATA REGARDING THE TIME,  DURATION  AND  LOCATION  OF  ANY  SUCH  SIGNS,
SIGNALS, WRITING, IMAGES OR SOUNDS, transmitted in whole or in part by a
wire,  radio,  electromagnetic, photoelectronic or photo-optical system,
but does not include:
  (a) any telephonic or telegraphic communication; or
  (b) any communication made through a tone only paging device; or
  (c) any communication made through a tracking device consisting of  an
electronic  or mechanical device which permits the tracking of the move-
ment of a person or object; or
  (d) any communication that is disseminated by  the  sender  through  a
method  of transmission that is configured so that such communication is
readily accessible to the general public.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11688-01-3

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