S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  654--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced  by  M. of A. RODRIGUEZ, BLAKE, PEOPLES-STOKES -- Multi-Spon-
   sored by -- M. of A. COOK -- read once and referred to  the  Committee
   on  Codes  -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the criminal procedure law, in relation to  establishing
   the EMAIL privacy act (electronic messaging and individual location)
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may  be  cited  as  the  "EMAIL
 privacy act (electronic messaging and individual location)".
   §  2. Paragraph (c) of subdivision 1 of section 690.15 of the criminal
 procedure law is amended and a new paragraph (d) is  added  to  read  as
 follows:
   (c)  A designated or described person[.];
   (D)  DESIGNATED  OR  DESCRIBED  ELECTRONIC CUSTOMER DATA OR ELECTRONIC
 LOCATION INFORMATION HELD IN ELECTRONIC STORAGE, INCLUDING THE  CONTENTS
 OF  AND RECORDS AND OTHER INFORMATION RELATED TO A WIRE COMMUNICATION OR
 ELECTRONIC COMMUNICATION HELD IN ELECTRONIC STORAGE.   FOR  PURPOSES  OF
 THIS  PARAGRAPH,  "ELECTRONIC COMMUNICATION" HAS THE MEANING ASSIGNED BY
 SECTION 250.00 OF THE PENAL LAW, "ELECTRONIC  STORAGE",  "WIRE  COMMUNI-
 CATION",  "ELECTRONIC  CUSTOMER  DATA" AND "ELECTRONIC LOCATION INFORMA-
 TION" HAVE THE MEANING ASSIGNED BY SECTION 690.05 OF THIS ARTICLE.
   § 3. Subdivision 2 of section 690.05 of the criminal procedure law, as
 amended by chapter 504 of the laws of 1991,  the  opening  paragraph  as
 amended  by chapter 424 of the laws of 1998, is amended and a new subdi-
 vision 3 is added to read as follows:
   2. A search warrant is a court order and process  directing  a  police
 officer to conduct:
   (a) a search of designated premises, or of a designated vehicle, or of
 a  designated  person, for the purpose of seizing designated property or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05104-02-7
              

 A. 654--A                           2
 
 kinds of property, and to deliver any property so obtained to the  court
 which issued the warrant; or
   (b) a search of a designated premises for the purpose of searching for
 and  arresting  a  person who is the subject of: (i) a warrant of arrest
 issued pursuant to this chapter, a  superior  court  warrant  of  arrest
 issued  pursuant to this chapter, or a bench warrant for a felony issued
 pursuant to this chapter, where the designated premises is the  dwelling
 of a third party who is not the subject of the arrest warrant; or
   (ii)  a  warrant  of arrest issued by any other state or federal court
 for an offense which would constitute a felony under the  laws  of  this
 state,  where  the  designated premises is the dwelling of a third party
 who is not the subject of the arrest warrant[.]; OR
   (C) A SEARCH OF DESIGNATED OR DESCRIBED ELECTRONIC  CUSTOMER  DATA  OR
 ELECTRONIC  LOCATION  INFORMATION  HELD  IN ELECTRONIC STORAGE OR MOBILE
 DEVICE, INCLUDING THE CONTENTS OF, AND  RECORDS  AND  OTHER  INFORMATION
 RELATED  TO  A  WIRE  COMMUNICATION  OR ELECTRONIC COMMUNICATION HELD IN
 ELECTRONIC STORAGE OR MOBILE DEVICE.
   3. THE FOLLOWING DEFINITIONS ARE APPLICABLE TO THIS ARTICLE:
   (A) "ELECTRONIC STORAGE" MEANS ANY STORAGE OF ELECTRONIC CUSTOMER DATA
 IN A COMPUTER, COMPUTER  NETWORK,  OR  COMPUTER  SYSTEM,  REGARDLESS  OF
 WHETHER  THE  DATA IS SUBJECT TO RECALL, FURTHER MANIPULATION, DELETION,
 OR TRANSMISSION, AND INCLUDES ANY STORAGE OF A WIRE OR ELECTRONIC COMMU-
 NICATION BY AN ELECTRONIC COMMUNICATIONS SERVICE OR A  REMOTE  COMPUTING
 SERVICE.
   (B)  "WIRE  COMMUNICATION" MEANS AN AURAL TRANSFER MADE IN WHOLE OR IN
 PART THROUGH THE USE OF FACILITIES  FOR  THE  TRANSMISSION  OF  COMMUNI-
 CATIONS  BY THE AID OF WIRE, CABLE, OR OTHER LIKE CONNECTION BETWEEN THE
 POINT OF ORIGIN AND THE POINT OF RECEPTION, INCLUDING THE USE OF SUCH  A
 CONNECTION  IN  A  SWITCHING  STATION, FURNISHED OR OPERATED BY A PERSON
 AUTHORIZED TO ENGAGE IN PROVIDING OR OPERATING THE  FACILITIES  FOR  THE
 TRANSMISSION  OF  COMMUNICATIONS AS A COMMUNICATIONS COMMON CARRIER. THE
 TERM INCLUDES THE ELECTRONIC STORAGE OF A WIRE COMMUNICATION.
   (C) "ELECTRONIC CUSTOMER DATA" MEANS DATA OR RECORDS THAT:
   (I) ARE IN THE POSSESSION, CARE, CUSTODY, OR CONTROL OF A PROVIDER  OF
 AN ELECTRONIC COMMUNICATIONS SERVICE OR A REMOTE COMPUTING SERVICE; AND
   (II)  CONTAIN:  (1) INFORMATION REVEALING THE IDENTITY OF CUSTOMERS OF
 THE APPLICABLE SERVICE;
   (2) INFORMATION ABOUT A CUSTOMER'S USE OF THE APPLICABLE SERVICE;
   (3) INFORMATION THAT IDENTIFIES THE RECIPIENT OR DESTINATION OF A WIRE
 COMMUNICATION OR ELECTRONIC COMMUNICATION SENT TO OR BY THE CUSTOMER;
   (4) THE CONTENT OF A WIRE COMMUNICATION  OR  ELECTRONIC  COMMUNICATION
 SENT TO OR BY THE CUSTOMER; AND
   (5)  ANY DATA STORED BY OR ON BEHALF OF THE CUSTOMER WITH THE APPLICA-
 BLE SERVICE PROVIDER.
   (D) "ELECTRONIC  LOCATION  INFORMATION"  MEANS  ANY  INFORMATION  THAT
 RELATES  TO:  (I)  THE LOCATION OF A CELLULAR TELEPHONE, MOBILE OR OTHER
 WIRELESS COMMUNICATIONS DEVICE; AND (II) IS WHOLLY OR  PARTLY  GENERATED
 BY OR DERIVED FROM THE OPERATION OF THE DEVICE.
   §  4.  The  criminal  procedure law is amended by adding a new section
 690.60 to read as follows:
 § 690.60 SEARCH WARRANTS; GOVERNMENT ACCESS  TO  STORED  CUSTOMER  DATA,
            COMMUNICATIONS AND ELECTRONIC LOCATION INFORMATION.
   1.  AN  AUTHORIZED POLICE OFFICER MAY REQUIRE A PROVIDER OF ELECTRONIC
 COMMUNICATIONS SERVICE OR A PROVIDER OF A REMOTE  COMPUTING  SERVICE  TO
 DISCLOSE  ELECTRONIC  CUSTOMER  DATA  OR ELECTRONIC LOCATION INFORMATION
 THAT IS IN ELECTRONIC STORAGE BY OBTAINING A WARRANT.

 A. 654--A                           3
 
   2. IN EXECUTING A SEARCH WARRANT DIRECTING A PROVIDER OF AN ELECTRONIC
 COMMUNICATIONS SERVICE OR A PROVIDER OF A REMOTE  COMPUTING  SERVICE  TO
 DISCLOSE ONLY ELECTRONIC CUSTOMER DATA THAT IS INFORMATION REVEALING THE
 IDENTITY  OF  CUSTOMERS OF THE APPLICABLE SERVICE OR INFORMATION ABOUT A
 CUSTOMER'S  USE OF THE APPLICABLE SERVICE A POLICE OFFICER NEED NOT GIVE
 NOTICE TO THE SUBSCRIBER OR CUSTOMER:
   (A) BY OBTAINING AN ADMINISTRATIVE SUBPOENA AUTHORIZED BY STATUTE;
   (B) BY OBTAINING A GRAND JURY SUBPOENA;
   (C) BY OBTAINING A WARRANT;
   (D) BY OBTAINING THE CONSENT OF THE  SUBSCRIBER  OR  CUSTOMER  TO  THE
 DISCLOSURE OF THE DATA;
   (E) BY OBTAINING A COURT ORDER; OR
   (F) AS OTHERWISE PERMITTED BY APPLICABLE FEDERAL LAW.
   3.  A  PROVIDER OF TELEPHONIC COMMUNICATIONS SERVICE SHALL DISCLOSE TO
 AN AUTHORIZED  POLICE  OFFICER,  WITHOUT  ANY  FORM  OF  LEGAL  PROCESS,
 SUBSCRIBER  LISTING  INFORMATION, INCLUDING NAME, ADDRESS, AND TELEPHONE
 NUMBER OR SIMILAR ACCESS CODE THAT:
   (A) THE SERVICE PROVIDES TO OTHERS IN THE COURSE OF PROVIDING PUBLICLY
 AVAILABLE DIRECTORY OR SIMILAR ASSISTANCE; OR
   (B) IS SOLELY FOR USE  IN  THE  DISPATCH  OF  EMERGENCY  VEHICLES  AND
 PERSONNEL  RESPONDING  TO  A  DISTRESS  CALL  DIRECTED  TO  AN EMERGENCY
 DISPATCH SYSTEM OR WHEN THE INFORMATION IS REASONABLY NECESSARY  TO  AID
 IN THE DISPATCHING OF EMERGENCY VEHICLES AND PERSONNEL FOR THE IMMEDIATE
 PREVENTION OF DEATH, PERSONAL INJURY, OR DESTRUCTION OF PROPERTY.
   4.  A  PROVIDER  OF TELEPHONIC COMMUNICATIONS SERVICE SHALL PROVIDE AN
 AUTHORIZED POLICE OFFICER WITH THE NAME  OF  THE  SUBSCRIBER  OF  RECORD
 WHOSE  PUBLISHED  TELEPHONE  NUMBER  IS  PROVIDED  TO  THE SERVICE BY AN
 AUTHORIZED POLICE OFFICER.
   5. ELECTRONIC LOCATION INFORMATION MAY BE OBTAINED  BY  AN  AUTHORIZED
 POLICE OFFICER WITHOUT ANY FORM OF LEGAL PROCESS, IF:
   (A) THE DEVICE IS REPORTED STOLEN BY THE OWNER; OR
   (B) THERE EXISTS AN IMMEDIATE LIFE-THREATENING SITUATION.
   §  5.  The  criminal  procedure law is amended by adding a new section
 690.65 to read as follows:
 § 690.65 SEARCH WARRANTS;  WARRANT  ISSUED  IN  THIS  STATE  FOR  STORED
            CUSTOMER DATA, COMMUNICATIONS OR ELECTRONIC LOCATION INFORMA-
            TION.
   1.  THIS SECTION APPLIES TO A WARRANT REQUIRED UNDER SECTION 690.60 OF
 THIS ARTICLE TO OBTAIN ELECTRONIC CUSTOMER DATA, INCLUDING THE  CONTENTS
 OF A WIRE COMMUNICATION, ELECTRONIC COMMUNICATION OR ELECTRONIC LOCATION
 INFORMATION.
   2.  ON THE FILING OF AN APPLICATION BY AN AUTHORIZED POLICE OFFICER, A
 DISTRICT JUDGE MAY ISSUE A SEARCH WARRANT UNDER THIS SECTION  FOR  ELEC-
 TRONIC  CUSTOMER DATA HELD IN ELECTRONIC STORAGE, INCLUDING THE CONTENTS
 OF AND RECORDS AND OTHER INFORMATION RELATED TO A WIRE COMMUNICATION  OR
 ELECTRONIC  COMMUNICATION  HELD  IN  ELECTRONIC  STORAGE  OR  ELECTRONIC
 LOCATION INFORMATION, BY A  PROVIDER  OF  AN  ELECTRONIC  COMMUNICATIONS
 SERVICE  OR A PROVIDER OF A REMOTE COMPUTING SERVICE DESCRIBED BY SUBDI-
 VISION EIGHT OF THIS SECTION, REGARDLESS OF WHETHER THE CUSTOMER DATA IS
 HELD AT A LOCATION IN THIS STATE OR AT A LOCATION IN ANOTHER  STATE.  AN
 APPLICATION  MADE UNDER THIS SUBDIVISION MUST DEMONSTRATE PROBABLE CAUSE
 FOR THE ISSUANCE OF THE WARRANT AND MUST BE SUPPORTED  BY  THE  OATH  OR
 AFFIRMATION OF THE AUTHORIZED POLICE OFFICER.
   3.  A  SEARCH  WARRANT MAY NOT BE ISSUED UNDER THIS SECTION UNLESS THE
 APPLICATION REQUIRED BY SECTION 690.35 OF THIS ARTICLE SETS FORTH SUFFI-
 CIENT AND SUBSTANTIAL FACTS TO ESTABLISH PROBABLE CAUSE THAT:

 A. 654--A                           4
 
   (A) A SPECIFIC OFFENSE HAS BEEN COMMITTED; AND
   (B)  THE  ELECTRONIC  CUSTOMER DATA OR ELECTRONIC LOCATION INFORMATION
 SOUGHT:
   (I) CONSTITUTES EVIDENCE OF THAT OFFENSE OR EVIDENCE THAT A PARTICULAR
 PERSON COMMITTED THAT OFFENSE; AND
   (II) IS HELD IN ELECTRONIC STORAGE BY THE SERVICE  PROVIDER  ON  WHICH
 THE WARRANT IS SERVED UNDER SUBDIVISION SEVEN OF THIS SECTION.
   4.  ONLY  THE ELECTRONIC CUSTOMER DATA OR ELECTRONIC LOCATION INFORMA-
 TION DESCRIBED IN THE APPLICATION REQUIRED BY  SECTION  690.35  OF  THIS
 ARTICLE MAY BE SEIZED UNDER THE WARRANT.
   5.  THE  POLICE  OFFICER  SHALL EXECUTE THE WARRANT NOT LATER THAN THE
 TENTH DAY AFTER THE DATE OF ISSUANCE,  EXCEPT  THAT  THE  OFFICER  SHALL
 EXECUTE  THE  WARRANT  WITHIN  A  SHORTER  PERIOD  IF SO DIRECTED IN THE
 WARRANT BY THE DISTRICT JUDGE.  FOR  PURPOSES  OF  THIS  SUBDIVISION,  A
 WARRANT  IS  EXECUTED WHEN THE WARRANT IS SERVED IN THE MANNER DESCRIBED
 BY SUBDIVISION SEVEN OF THIS SECTION.
   6. A WARRANT UNDER THIS SECTION  MAY  BE  SERVED  ONLY  ON  A  SERVICE
 PROVIDER  THAT  IS  A  DOMESTIC  ENTITY OR A COMPANY OR ENTITY OTHERWISE
 DOING BUSINESS IN THIS STATE UNDER A CONTRACT  OR  A  TERMS  OF  SERVICE
 AGREEMENT WITH A RESIDENT OF THIS STATE, IF ANY PART OF THAT CONTRACT OR
 AGREEMENT  IS  TO BE PERFORMED IN THIS STATE. THE SERVICE PROVIDER SHALL
 PRODUCE ALL ELECTRONIC CUSTOMER DATA, CONTENTS OF COMMUNICATIONS,  ELEC-
 TRONIC LOCATION INFORMATION, AND OTHER INFORMATION SOUGHT, REGARDLESS OF
 WHERE THE INFORMATION IS HELD IN THE UNITED STATES AND WITHIN THE PERIOD
 ALLOWED  FOR  COMPLIANCE  WITH  THE  WARRANT, AS PROVIDED BY SUBDIVISION
 EIGHT OF THIS SECTION. A COURT MAY FIND ANY DESIGNATED  OFFICER,  DESIG-
 NATED  DIRECTOR,  OR DESIGNATED OWNER OF A COMPANY OR ENTITY IN CONTEMPT
 OF COURT IF THE PERSON BY ACT OR OMISSION IS RESPONSIBLE FOR THE FAILURE
 OF THE COMPANY OR ENTITY TO COMPLY WITH THE WARRANT  WITHIN  THE  PERIOD
 ALLOWED  FOR  COMPLIANCE.  THE  FAILURE OF A COMPANY OR ENTITY TO TIMELY
 DELIVER THE INFORMATION SOUGHT IN THE WARRANT DOES NOT AFFECT THE ADMIS-
 SIBILITY OF THAT EVIDENCE IN A CRIMINAL PROCEEDING.
   7. A SEARCH WARRANT ISSUED UNDER  THIS  SECTION  IS  SERVED  WHEN  THE
 AUTHORIZED  POLICE  OFFICER  DELIVERS  THE WARRANT BY HAND, BY FACSIMILE
 TRANSMISSION, OR, IN A MANNER ALLOWING PROOF OF DELIVERY,  BY  MEANS  OF
 THE UNITED STATES MAIL OR A PRIVATE DELIVERY SERVICE TO:
   (A)  A  PERSON SPECIFIED BY SECTION THREE HUNDRED FIVE OF THE BUSINESS
 CORPORATION LAW;
   (B) THE SECRETARY OF STATE IN THE CASE OF A COMPANY OR ENTITY TO WHICH
 SECTION THREE HUNDRED SIX OF THE BUSINESS CORPORATION LAW APPLIES; OR
   (C) ANY OTHER PERSON OR ENTITY DESIGNATED TO RECEIVE  THE  SERVICE  OF
 PROCESS.
   8.  THE DISTRICT JUDGE SHALL INDICATE IN THE WARRANT THAT THE DEADLINE
 FOR COMPLIANCE BY THE PROVIDER OF AN ELECTRONIC  COMMUNICATIONS  SERVICE
 OR  THE PROVIDER OF A REMOTE COMPUTING SERVICE IS THE FIFTEENTH BUSINESS
 DAY AFTER THE DATE THE WARRANT IS SERVED IF THE WARRANT IS TO BE  SERVED
 ON  A DOMESTIC ENTITY OR A COMPANY OR ENTITY OTHERWISE DOING BUSINESS IN
 THIS STATE, EXCEPT THAT THE  DEADLINE  FOR  COMPLIANCE  WITH  A  WARRANT
 SERVED  IN  ACCORDANCE  WITH  SECTION  THREE HUNDRED SIX OF THE BUSINESS
 CORPORATION LAW, MAY BE EXTENDED TO A DATE THAT IS NOT  LATER  THAN  THE
 THIRTIETH  DAY AFTER THE DATE THE WARRANT IS SERVED. THE JUDGE MAY INDI-
 CATE IN A WARRANT THAT THE DEADLINE FOR COMPLIANCE IS EARLIER  THAN  THE
 FIFTEENTH BUSINESS DAY AFTER THE DATE THE WARRANT IS SERVED IF THE OFFI-
 CER  MAKES A SHOWING AND THE JUDGE FINDS THAT FAILURE TO COMPLY WITH THE
 WARRANT BY THE EARLIER DEADLINE  WOULD  CAUSE  SERIOUS  JEOPARDY  TO  AN

 A. 654--A                           5
 
 INVESTIGATION,  CAUSE  UNDUE DELAY OF A TRIAL, OR CREATE A MATERIAL RISK
 OF:
   (A) DANGER TO THE LIFE OR PHYSICAL SAFETY OF ANY PERSON;
   (B) FLIGHT FROM PROSECUTION;
   (C) THE TAMPERING WITH OR DESTRUCTION OF EVIDENCE; OR
   (D) INTIMIDATION OF POTENTIAL WITNESSES.
   9.  IF  THE  AUTHORIZED  POLICE OFFICER SERVING THE WARRANT UNDER THIS
 SECTION ALSO DELIVERS AN APPLICATION FORM TO THE PROVIDER  OF  AN  ELEC-
 TRONIC  COMMUNICATIONS  SERVICE  OR  THE  PROVIDER OF A REMOTE COMPUTING
 SERVICE RESPONDING TO THE WARRANT, AND THE POLICE OFFICER ALSO  NOTIFIES
 THE  PROVIDER  IN WRITING THAT AN EXECUTED APPLICATION IS REQUIRED, THEN
 THE PROVIDER  SHALL  VERIFY  THE  AUTHENTICITY  OF  THE  CUSTOMER  DATA,
 CONTENTS  OF  COMMUNICATIONS, ELECTRONIC LOCATION INFORMATION, AND OTHER
 INFORMATION PRODUCED IN COMPLIANCE WITH THE WARRANT  BY  INCLUDING  WITH
 THE  INFORMATION THE APPLICATION FORM COMPLETED AND SWORN TO BY A PERSON
 WHO IS A CUSTODIAN OF THE INFORMATION OR A PERSON OTHERWISE QUALIFIED TO
 ATTEST TO ITS AUTHENTICITY THAT STATES THAT THE INFORMATION  WAS  STORED
 IN THE COURSE OF REGULARLY CONDUCTED BUSINESS OF THE PROVIDER AND SPECI-
 FIES  WHETHER  IT  IS THE REGULAR PRACTICE OF THE PROVIDER TO STORE THAT
 INFORMATION.
   10. ON A SERVICE PROVIDER'S  COMPLIANCE  WITH  A  WARRANT  UNDER  THIS
 SECTION, AN AUTHORIZED POLICE OFFICER SHALL FILE A RETURN OF THE WARRANT
 AND  A  COPY  OF  THE INVENTORY OF THE SEIZED PROPERTY AS REQUIRED UNDER
 SECTION 690.50 OF THIS ARTICLE.
   11. THE DISTRICT JUDGE SHALL HEAR AND DECIDE ANY MOTION TO  QUASH  THE
 WARRANT NOT LATER THAN THE FIFTH BUSINESS DAY AFTER THE DATE THE SERVICE
 PROVIDER  FILES  THE MOTION. THE JUDGE MAY ALLOW THE SERVICE PROVIDER TO
 APPEAR AT THE HEARING BY TELECONFERENCE.
   12. A PROVIDER OF AN ELECTRONIC COMMUNICATIONS SERVICE OR  A  PROVIDER
 OF  A REMOTE COMPUTING SERVICE RESPONDING TO A WARRANT ISSUED UNDER THIS
 SECTION MAY REQUEST AN EXTENSION OF THE PERIOD FOR COMPLIANCE  WITH  THE
 WARRANT IF EXTENUATING CIRCUMSTANCES EXIST TO JUSTIFY THE EXTENSION. THE
 DISTRICT  JUDGE  SHALL  GRANT  A REQUEST FOR AN EXTENSION BASED ON THOSE
 CIRCUMSTANCES IF:
   (A) THE AUTHORIZED POLICE OFFICER  WHO  APPLIED  FOR  THE  WARRANT  OR
 ANOTHER  APPROPRIATE  AUTHORIZED POLICE OFFICER AGREES TO THE EXTENSION;
 OR
   (B) THE DISTRICT JUDGE FINDS THAT THE NEED FOR THE EXTENSION OUTWEIGHS
 THE LIKELIHOOD THAT THE EXTENSION WILL  CAUSE  AN  ADVERSE  CIRCUMSTANCE
 DESCRIBED BY SUBDIVISION EIGHT OF THIS SECTION.
   §  6.  The  criminal  procedure law is amended by adding a new section
 690.70 to read as follows:
 § 690.70 SEARCH WARRANTS; WARRANT ISSUED IN  ANOTHER  STATE  FOR  STORED
            CUSTOMER DATA, COMMUNICATIONS OR ELECTRONIC LOCATION INFORMA-
            TION.
   ANY  DOMESTIC  ENTITY THAT PROVIDES ELECTRONIC COMMUNICATIONS SERVICES
 OR REMOTE COMPUTING SERVICES TO THE PUBLIC SHALL COMPLY WITH  A  WARRANT
 ISSUED IN ANOTHER STATE AND SEEKING INFORMATION DESCRIBED IN SUBDIVISION
 TWO  OF  SECTION 690.65 OF THIS ARTICLE, IF THE WARRANT IS SERVED ON THE
 ENTITY IN A MANNER EQUIVALENT TO SERVICE OF PROCESS REQUIRED BY SUBDIVI-
 SION EIGHT OF SECTION 690.65 OF THIS ARTICLE.
   § 7. The criminal procedure law is amended by  adding  a  new  section
 690.75 to read as follows:
 § 690.75 SEARCH WARRANTS; BACK-UP PRESERVATION FOR STORED CUSTOMER DATA,
            COMMUNICATIONS OR ELECTRONIC LOCATION INFORMATION.

 A. 654--A                           6
 
   1.  A  SUBPOENA  OR  COURT  ORDER FOR DISCLOSURE OF CERTAIN ELECTRONIC
 CUSTOMER DATA OR ELECTRONIC  LOCATION  INFORMATION  HELD  IN  ELECTRONIC
 STORAGE  BY  A  PROVIDER  OF  AN  ELECTRONIC COMMUNICATIONS SERVICE OR A
 PROVIDER OF A REMOTE COMPUTING SERVICE  MAY  REQUIRE  THAT  PROVIDER  TO
 CREATE  A  COPY  OF THE CUSTOMER DATA OR ELECTRONIC LOCATION INFORMATION
 SOUGHT BY THE SUBPOENA OR COURT ORDER FOR THE PURPOSE OF PRESERVING THAT
 DATA. THE PROVIDER MAY NOT INFORM THE SUBSCRIBER OR CUSTOMER WHOSE  DATA
 IS  BEING  SOUGHT  THAT THE SUBPOENA OR COURT ORDER HAS BEEN ISSUED. THE
 PROVIDER SHALL CREATE THE COPY WITHIN A REASONABLE TIME AS DETERMINED BY
 THE COURT ISSUING THE SUBPOENA OR COURT ORDER.
   2. THE PROVIDER OF AN ELECTRONIC COMMUNICATIONS SERVICE OR THE PROVID-
 ER OF A REMOTE COMPUTING SERVICE SHALL IMMEDIATELY NOTIFY THE AUTHORIZED
 POLICE OFFICER WHO PRESENTED THE SUBPOENA OR COURT ORDER REQUESTING  THE
 COPY WHEN THE COPY HAS BEEN CREATED.
   3.  THE  AUTHORIZED  POLICE  OFFICER  SHALL  NOTIFY  THE SUBSCRIBER OR
 CUSTOMER WHOSE ELECTRONIC CUSTOMER DATA OR ELECTRONIC LOCATION  INFORMA-
 TION  IS  THE  SUBJECT OF THE SUBPOENA OR COURT ORDER OF THE CREATION OF
 THE COPY NOT LATER THAN THREE DAYS AFTER THE DATE OF THE RECEIPT OF  THE
 NOTIFICATION FROM THE APPLICABLE PROVIDER THAT THE COPY WAS CREATED.
   4. THE PROVIDER OF AN ELECTRONIC COMMUNICATIONS SERVICE OR THE PROVID-
 ER  OF A REMOTE COMPUTING SERVICE SHALL RELEASE THE COPY TO THE REQUEST-
 ING AUTHORIZED POLICE OFFICER NOT EARLIER THAN THE FOURTEENTH DAY  AFTER
 THE DATE OF THE POLICE OFFICER'S NOTICE TO THE SUBSCRIBER OR CUSTOMER IF
 THE PROVIDER HAS NOT:
   (A) INITIATED PROCEEDINGS TO CHALLENGE THE REQUEST OF THE POLICE OFFI-
 CER FOR THE COPY; OR
   (B) RECEIVED NOTICE FROM THE SUBSCRIBER OR CUSTOMER THAT THE SUBSCRIB-
 ER OR CUSTOMER HAS INITIATED PROCEEDINGS TO CHALLENGE THE REQUEST.
   5. THE PROVIDER OF AN ELECTRONIC COMMUNICATIONS SERVICE OR THE PROVID-
 ER  OF  A  REMOTE  COMPUTING  SERVICE  MAY  NOT  DESTROY  OR  PERMIT THE
 DESTRUCTION OF THE COPY UNTIL THE ELECTRONIC CUSTOMER DATA OR ELECTRONIC
 LOCATION INFORMATION HAS BEEN DELIVERED TO THE APPLICABLE  LAW  ENFORCE-
 MENT  AGENCY OR UNTIL THE RESOLUTION OF ANY COURT PROCEEDINGS, INCLUDING
 APPEALS OF ANY PROCEEDINGS, RELATING TO  THE  SUBPOENA  OR  COURT  ORDER
 REQUESTING THE CREATION OF THE COPY, WHICHEVER OCCURS LAST.
   6. AN AUTHORIZED POLICE OFFICER WHO REASONABLY BELIEVES THAT NOTIFICA-
 TION  TO THE SUBSCRIBER OR CUSTOMER OF THE SUBPOENA OR COURT ORDER WOULD
 RESULT IN THE DESTRUCTION OF OR TAMPERING WITH ELECTRONIC CUSTOMER  DATA
 OR  ELECTRONIC LOCATION INFORMATION SOUGHT MAY REQUEST THE CREATION OF A
 COPY OF THE DATA. THE POLICE OFFICER'S BELIEF IS NOT  SUBJECT  TO  CHAL-
 LENGE  BY  THE  SUBSCRIBER OR CUSTOMER OR BY A PROVIDER OF AN ELECTRONIC
 COMMUNICATIONS SERVICE OR A PROVIDER OF A REMOTE COMPUTING SERVICE.
   7. (A) A SUBSCRIBER OR CUSTOMER WHO RECEIVES NOTIFICATION AS DESCRIBED
 IN SUBDIVISION THREE OF THIS SECTION MAY FILE A WRITTEN MOTION TO  QUASH
 THE  SUBPOENA  OR  VACATE  THE  COURT ORDER IN THE COURT THAT ISSUED THE
 SUBPOENA OR COURT ORDER NOT LATER THAN THE FOURTEENTH DAY AFTER THE DATE
 OF THE RECEIPT OF THE NOTICE. THE MOTION MUST CONTAIN  AN  AFFIDAVIT  OR
 SWORN STATEMENT STATING:
   (I)  THAT THE APPLICANT IS A SUBSCRIBER OR CUSTOMER OF THE PROVIDER OF
 AN ELECTRONIC COMMUNICATIONS SERVICE OR THE PROVIDER OF A REMOTE COMPUT-
 ING SERVICE FROM  WHICH  THE  ELECTRONIC  CUSTOMER  DATA  OR  ELECTRONIC
 LOCATION  INFORMATION  HELD  IN ELECTRONIC STORAGE FOR THE SUBSCRIBER OR
 CUSTOMER HAS BEEN SOUGHT; AND
   (II) THE APPLICANT'S REASONS FOR BELIEVING THAT THE CUSTOMER  DATA  OR
 ELECTRONIC  LOCATION  INFORMATION SOUGHT IS NOT RELEVANT TO A LEGITIMATE

 A. 654--A                           7
 
 LAW ENFORCEMENT INQUIRY OR THAT THERE HAS NOT BEEN  SUBSTANTIAL  COMPLI-
 ANCE WITH THE PROVISIONS OF THIS ARTICLE IN SOME OTHER RESPECT.
   (B)  THE  SUBSCRIBER  OR  CUSTOMER  SHALL  GIVE  WRITTEN NOTICE TO THE
 PROVIDER OF AN ELECTRONIC COMMUNICATIONS SERVICE OR THE  PROVIDER  OF  A
 REMOTE  COMPUTING  SERVICE  OF  THE  CHALLENGE  TO THE SUBPOENA OR COURT
 ORDER. THE AUTHORIZED POLICE OFFICER REQUESTING THE  SUBPOENA  OR  COURT
 ORDER  MUST BE SERVED A COPY OF THE PAPERS FILED BY PERSONAL DELIVERY OR
 BY REGISTERED OR CERTIFIED MAIL.
   8. (A) THE COURT SHALL ORDER THE AUTHORIZED POLICE OFFICER TO  FILE  A
 SWORN  RESPONSE TO THE MOTION FILED BY THE SUBSCRIBER OR CUSTOMER IF THE
 COURT DETERMINES THAT THE SUBSCRIBER OR CUSTOMER HAS COMPLIED  WITH  THE
 REQUIREMENTS  OF  SUBDIVISION  SEVEN  OF THIS SECTION. ON REQUEST OF THE
 POLICE OFFICER, THE COURT MAY PERMIT THE RESPONSE TO BE FILED IN CAMERA.
 THE COURT MAY CONDUCT ANY ADDITIONAL  PROCEEDINGS  THE  COURT  CONSIDERS
 APPROPRIATE IF THE COURT IS UNABLE TO MAKE A DETERMINATION ON THE MOTION
 ON THE BASIS OF THE PARTIES' INITIAL ALLEGATIONS AND RESPONSE.
   (B) THE COURT SHALL RULE ON THE MOTION AS SOON AFTER THE FILING OF THE
 OFFICER'S  RESPONSE  AS  PRACTICABLE. THE COURT SHALL DENY THE MOTION IF
 THE COURT FINDS THAT THE APPLICANT IS NOT  THE  SUBSCRIBER  OR  CUSTOMER
 WHOSE  ELECTRONIC  CUSTOMER DATA OR ELECTRONIC LOCATION INFORMATION HELD
 IN ELECTRONIC STORAGE IS THE SUBJECT OF THE SUBPOENA OR COURT  ORDER  OR
 THAT  THERE  IS  REASON  TO BELIEVE THAT THE POLICE OFFICER'S INQUIRY IS
 LEGITIMATE AND THAT  THE  CUSTOMER  DATA  SOUGHT  IS  RELEVANT  TO  THAT
 INQUIRY.  THE  COURT SHALL QUASH THE SUBPOENA OR VACATE THE ORDER IF THE
 COURT FINDS THAT THE APPLICANT IS THE SUBSCRIBER OR CUSTOMER WHOSE  DATA
 IS  THE  SUBJECT  OF THE SUBPOENA OR COURT ORDER AND THAT THERE IS NOT A
 REASON TO BELIEVE THAT THE DATA IS RELEVANT TO A LEGITIMATE LAW ENFORCE-
 MENT INQUIRY OR THAT THERE HAS NOT BEEN SUBSTANTIAL COMPLIANCE WITH  THE
 PROVISIONS OF THIS ARTICLE.
   (C)  A  COURT ORDER DENYING A MOTION OR APPLICATION UNDER THIS SECTION
 IS NOT A FINAL ORDER AND NO INTERLOCUTORY APPEAL MAY BE TAKEN  FROM  THE
 DENIAL.
   §  8.  The  criminal  procedure law is amended by adding a new section
 690.80 to read as follows:
 § 690.80 SEARCH WARRANTS; PRECLUSION OF NOTIFICATION FOR STORED CUSTOMER
            DATA, COMMUNICATIONS OR ELECTRONIC LOCATION INFORMATION.
   1. AN AUTHORIZED POLICE OFFICER SEEKING ELECTRONIC  CUSTOMER  DATA  OR
 ELECTRONIC  LOCATION  INFORMATION  MAY  APPLY  TO THE COURT FOR AN ORDER
 COMMANDING THE SERVICE PROVIDER TO WHOM A WARRANT,  SUBPOENA,  OR  COURT
 ORDER  IS  DIRECTED  NOT  TO DISCLOSE TO ANY PERSON THE EXISTENCE OF THE
 WARRANT, SUBPOENA, OR COURT ORDER. THE ORDER IS EFFECTIVE FOR THE PERIOD
 THE COURT CONSIDERS APPROPRIATE. THE COURT SHALL ENTER THE ORDER IF  THE
 COURT  DETERMINES  THAT  THERE IS REASON TO BELIEVE THAT NOTIFICATION OF
 THE EXISTENCE OF THE WARRANT, SUBPOENA, OR  COURT  ORDER  WILL  HAVE  AN
 ADVERSE RESULT.
   2. IN THIS SECTION, AN "ADVERSE RESULT" MEANS:
   (A) ENDANGERING THE LIFE OR PHYSICAL SAFETY OF AN INDIVIDUAL;
   (B) FLIGHT FROM PROSECUTION;
   (C) DESTRUCTION OF OR TAMPERING WITH EVIDENCE;
   (D) INTIMIDATION OF A POTENTIAL WITNESS; OR
   (E) OTHERWISE SERIOUSLY JEOPARDIZING AN INVESTIGATION OR UNDULY DELAY-
 ING A TRIAL.
   §  9.  The  criminal  procedure law is amended by adding a new section
 690.85 to read as follows:
 § 690.85 SEARCH WARRANTS; REIMBURSEMENT OF  COSTS  FOR  STORED  CUSTOMER
            DATA, COMMUNICATIONS OR ELECTRONIC LOCATION INFORMATION.

 A. 654--A                           8
 
   1. EXCEPT AS PROVIDED BY SUBDIVISION THREE OF THIS SECTION, AN AUTHOR-
 IZED  POLICE  OFFICER  WHO  OBTAINS INFORMATION UNDER THIS ARTICLE SHALL
 REIMBURSE THE PERSON ASSEMBLING OR PROVIDING  THE  INFORMATION  FOR  ALL
 COSTS THAT ARE REASONABLY NECESSARY AND THAT HAVE BEEN DIRECTLY INCURRED
 IN  SEARCHING  FOR,  ASSEMBLING, REPRODUCING, OR OTHERWISE PROVIDING THE
 INFORMATION. THESE COSTS INCLUDE COSTS ARISING FROM NECESSARY DISRUPTION
 OF NORMAL OPERATIONS OF AN ELECTRONIC COMMUNICATIONS SERVICE  OR  REMOTE
 COMPUTING SERVICE IN WHICH THE INFORMATION MAY BE STORED.
   2. THE AUTHORIZED POLICE OFFICER AND THE PERSON PROVIDING THE INFORMA-
 TION MAY AGREE ON THE AMOUNT OF REIMBURSEMENT. IF THERE IS NO AGREEMENT,
 THE  COURT THAT ISSUED THE ORDER FOR PRODUCTION OF THE INFORMATION SHALL
 DETERMINE THE AMOUNT.  IF NO COURT ORDER WAS ISSUED  FOR  PRODUCTION  OF
 THE  INFORMATION, THE COURT BEFORE WHICH THE CRIMINAL PROSECUTION RELAT-
 ING TO THE INFORMATION WOULD BE BROUGHT SHALL DETERMINE THE AMOUNT.
   3. SUBDIVISION ONE OF THIS SECTION DOES NOT APPLY TO RECORDS OR  OTHER
 INFORMATION MAINTAINED BY A COMMUNICATIONS COMMON CARRIER THAT RELATE TO
 TELEPHONE TOLL RECORDS OR TELEPHONE LISTINGS UNLESS THE COURT DETERMINES
 THAT THE AMOUNT OF INFORMATION REQUIRED WAS UNUSUALLY VOLUMINOUS OR THAT
 AN UNDUE BURDEN WAS IMPOSED ON THE PROVIDER.
   §  10.  The  criminal procedure law is amended by adding a new section
 690.90 to read as follows:
 § 690.90 SEARCH WARRANTS; STORED CUSTOMER DATA, COMMUNICATIONS OR  ELEC-
            TRONIC LOCATION INFORMATION; NO CAUSE OF ACTION.
   A SUBSCRIBER OR CUSTOMER OF A PROVIDER OF AN ELECTRONIC COMMUNICATIONS
 SERVICE  OR  A  PROVIDER  OF  A REMOTE COMPUTING SERVICE DOES NOT HAVE A
 CAUSE OF ACTION AGAINST A PROVIDER OR ITS OFFICERS, EMPLOYEES, OR AGENTS
 OR AGAINST OTHER SPECIFIED PERSONS FOR  PROVIDING  INFORMATION,  FACILI-
 TIES,  OR ASSISTANCE AS REQUIRED BY A COURT ORDER, WARRANT, SUBPOENA, OR
 CERTIFICATION UNDER THIS ARTICLE.
   § 11. The criminal procedure law is amended by adding  a  new  section
 690.95 to read as follows:
 § 690.95 SEARCH  WARRANTS; STORED CUSTOMER DATA, COMMUNICATIONS OR ELEC-
            TRONIC LOCATION INFORMATION; CAUSE OF ACTION.
   EXCEPT AS PROVIDED BY SECTION 690.90 OF THIS ARTICLE, A PROVIDER OF AN
 ELECTRONIC COMMUNICATIONS SERVICE OR A PROVIDER OF  A  REMOTE  COMPUTING
 SERVICE, OR A SUBSCRIBER OR CUSTOMER OF THAT PROVIDER, THAT IS AGGRIEVED
 BY  A  VIOLATION  OF  THIS  ARTICLE  HAS  A CIVIL CAUSE OF ACTION IF THE
 CONDUCT CONSTITUTING THE VIOLATION WAS  COMMITTED  KNOWINGLY  OR  INTEN-
 TIONALLY AND IS ENTITLED TO:
   1. INJUNCTIVE RELIEF;
   2.  A  REASONABLE ATTORNEY'S FEE AND OTHER LITIGATION COSTS REASONABLY
 INCURRED; AND
   3. THE SUM OF THE ACTUAL DAMAGES SUFFERED AND ANY PROFITS MADE BY  THE
 VIOLATOR AS A RESULT OF THE VIOLATION OR ONE THOUSAND DOLLARS, WHICHEVER
 IS MORE.
   §  12.   The criminal procedure law is amended by adding a new section
 690.96 to read as follows:
 § 690.96 SEARCH WARRANTS; ANNUAL REPORT OF WARRANTS AND ORDERS.
   1. NO LATER THAN JANUARY FIFTEENTH OF EACH  YEAR,  A  PROVIDER  OF  AN
 ELECTRONIC  COMMUNICATION  SERVICE  OR  A PROVIDER OF A REMOTE COMPUTING
 SERVICE DOING BUSINESS IN THIS STATE  SHALL  REPORT  TO  THE  OFFICE  OF
 PUBLIC SAFETY THE FOLLOWING INFORMATION FOR THE PRECEDING CALENDAR YEAR,
 DISAGGREGATED  BY  EACH  LAW ENFORCEMENT AGENCY IN THIS STATE MAKING THE
 APPLICABLE REQUESTS:
   (A) THE NUMBER OF REQUESTS MADE FOR PEN REGISTER  OR  TRAP  AND  TRACE
 INFORMATION;

 A. 654--A                           9
 
   (B) THE NUMBER OF REQUESTS MADE FOR ESN READER INFORMATION;
   (C) THE NUMBER OF REQUESTS MADE FOR LOCATION INFORMATION;
   (D)   THE   NUMBER  OF  INDIVIDUALS  WHOSE  LOCATION  INFORMATION  WAS
 DISCLOSED; AND
   (E) THE AMOUNT THAT EACH LAW ENFORCEMENT  AGENCY  WAS  BILLED  BY  THE
 COMMUNICATION  COMMON  CARRIER  OR ELECTRONIC COMMUNICATIONS SERVICE FOR
 EACH REQUEST MADE UNDER PARAGRAPH (A), (B) OR (C) OF THIS SUBDIVISION.
   2. NO LATER THAN THE THIRTIETH DAY AFTER THE DATE OF EXPIRATION  OF  A
 WARRANT  OR  ORDER  ISSUED  UNDER THIS ARTICLE OR AN ORDER EXTENDING THE
 PERIOD OF A WARRANT OR ORDER ISSUED UNDER THIS ARTICLE, OR NO LATER THAN
 THE THIRTIETH DAY AFTER THE DATE THE COURT DENIES AN APPLICATION  FOR  A
 WARRANT  OR  ORDER  UNDER  THIS  ARTICLE,  THE COURT SHALL SUBMIT TO THE
 OFFICE OF PUBLIC SAFETY THE FOLLOWING INFORMATION, AS APPLICABLE:
   (A) THE RECEIPT OF AN APPLICATION FOR A WARRANT OR  ORDER  UNDER  THIS
 ARTICLE;
   (B) THE TYPE OF WARRANT OR ORDER FOR WHICH THE APPLICATION WAS MADE;
   (C)  WHETHER  ANY  APPLICATION  FOR AN ORDER OF EXTENSION WAS GRANTED,
 GRANTED AS MODIFIED BY THE COURT, OR DENIED;
   (D) THE PERIOD OF MONITORING AUTHORIZED BY THE WARRANT  OR  ORDER  AND
 THE NUMBER AND DURATION OF ANY EXTENSIONS OF THE WARRANT OR ORDER;
   (E)  THE  OFFENSE UNDER INVESTIGATION, AS SPECIFIED IN THE APPLICATION
 FOR THE WARRANT OR ORDER OR AN EXTENSION OF THE WARRANT OR ORDER; AND
   (F) THE LAW ENFORCEMENT AGENCY OR PROSECUTOR THAT SUBMITTED AN  APPLI-
 CATION FOR THE WARRANT OR ORDER OR AN EXTENSION OF THE WARRANT OR ORDER.
   3.  NO LATER THAN JANUARY FIFTEENTH OF EACH YEAR, EACH PROSECUTOR THAT
 SUBMITS AN APPLICATION FOR A WARRANT OR  ORDER  OR  AN  EXTENSION  OF  A
 WARRANT OR ORDER UNDER THIS ARTICLE SHALL SUBMIT TO THE OFFICE OF PUBLIC
 SAFETY THE FOLLOWING INFORMATION FOR THE PRECEDING CALENDAR YEAR;
   (A)  THE  INFORMATION REQUIRED TO BE SUBMITTED BY A COURT WITH RESPECT
 TO EACH APPLICATION SUBMITTED BY THE PROSECUTOR FOR THE WARRANT OR ORDER
 OR AN EXTENSION OF THE WARRANT OR ORDER;
   (B) A GENERAL DESCRIPTION OF INFORMATION COLLECTED UNDER EACH  WARRANT
 OR  ORDER THAT WAS ISSUED BY THE COURT, INCLUDING THE APPROXIMATE NUMBER
 OF INDIVIDUALS FOR WHOM LOCATION INFORMATION  WAS  INTERCEPTED  AND  THE
 APPROXIMATE  DURATION  OF  THE MONITORING OF THE LOCATION INFORMATION OF
 THOSE INDIVIDUALS;
   (C) THE NUMBER OF ARRESTS MADE AS A  RESULT  OF  INFORMATION  OBTAINED
 UNDER A WARRANT OR ORDER ISSUED UNDER THIS ARTICLE;
   (D) THE NUMBER OF CRIMINAL TRIALS COMMENCED AS A RESULT OF INFORMATION
 OBTAINED UNDER A WARRANT OR ORDER ISSUED UNDER THIS ARTICLE; AND
   (E)  THE  NUMBER  OF  CONVICTIONS  OBTAINED AS A RESULT OF INFORMATION
 OBTAINED UNDER A WARRANT OR ORDER ISSUED UNDER THIS ARTICLE.
   4. INFORMATION SUBMITTED TO THE OFFICE OF  PUBLIC  SAFETY  UNDER  THIS
 SECTION IS PUBLIC INFORMATION AND SUBJECT TO DISCLOSURE.
   5. NO LATER THAN MARCH FIRST OF EACH YEAR, THE OFFICE OF PUBLIC SAFETY
 SHALL  SUBMIT  A REPORT TO THE GOVERNOR, THE STATE ATTORNEY GENERAL, THE
 SPEAKER OF THE ASSEMBLY, AND THE CHAIRS OF THE  STANDING  COMMITTEES  OF
 THE SENATE AND ASSEMBLY WITH PRIMARY JURISDICTION OVER CRIMINAL JUSTICE.
 THE  REPORT  MUST  CONTAIN  THE  FOLLOWING INFORMATION FOR THE PRECEDING
 CALENDAR YEAR:
   (A) AN ASSESSMENT OF THE EXTENT  OF  TRACKING  OR  MONITORING  BY  LAW
 ENFORCEMENT  AGENCIES  OF  PEN REGISTER, TRAP AND TRACE, ESN READER, AND
 LOCATION INFORMATION;
   (B) A COMPARISON OF THE  RATIO  OF  THE  NUMBER  OF  APPLICATIONS  FOR
 WARRANTS  OR ORDERS MADE UNDER THIS ARTICLE TO THE NUMBER OF ARRESTS AND

 A. 654--A                          10

 CONVICTIONS RESULTING FROM INFORMATION OBTAINED UNDER A WARRANT OR ORDER
 ISSUED UNDER THIS ARTICLE;
   (C)  IDENTIFICATION  OF  THE  TYPES  OF  OFFENSES INVESTIGATED UNDER A
 WARRANT OR ORDER ISSUED UNDER THIS ARTICLE; AND
   (D) WITH RESPECT TO BOTH STATE AND LOCAL JURISDICTIONS, AN ESTIMATE OF
 THE TOTAL COST OF CONDUCTING INVESTIGATIONS UNDER  A  WARRANT  OR  ORDER
 ISSUED UNDER THIS ARTICLE.
   §  13.  The  criminal procedure law is amended by adding a new section
 690.97 to read as follows:
 § 690.97 SEARCH WARRANTS; STORED CUSTOMER DATA, COMMUNICATIONS AND ELEC-
            TRONIC LOCATION INFORMATION AND USE IN A COURT OF LAW.
   STORED CUSTOMER DATA, COMMUNICATIONS AND ELECTRONIC LOCATION  INFORMA-
 TION  OBTAINED  WITHOUT  ANY  FORM  OF LEGAL PROCESS AND NOT PURSUANT TO
 SECTION 690.60 OF THIS ARTICLE SHALL BE INADMISSIBLE IN A COURT OF LAW.
   § 14. This act shall take effect immediately.