S T A T E O F N E W Y O R K
________________________________________________________________________
296--A
2021-2022 Regular Sessions
I N S E N A T E
(PREFILED)
January 6, 2021
___________
Introduced by Sens. MYRIE, BENJAMIN, GIANARIS, GOUNARDES, HOYLMAN, JACK-
SON, KRUEGER, LIU, RAMOS, RIVERA, SEPULVEDA, STAVISKY -- read twice
and ordered printed, and when printed to be committed 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 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:
Section 1. Short title. This act shall be known and may be cited as
the "reverse location and reverse keyword search prohibition act".
§ 2. The criminal procedure law is amended by adding a new article 695
to read as follows:
ARTICLE 695
REVERSE LOCATION AND REVERSE KEYWORD SEARCHES
SECTION 695.00 DEFINITIONS.
695.10 ISSUANCE OF REVERSE LOCATION COURT ORDERS AND REVERSE
KEYWORD COURT ORDERS.
695.20 EXECUTION OF REVERSE LOCATION AND REVERSE KEYWORD SEARCH-
ES.
695.30 REVERSE LOCATION AND REVERSE KEYWORD SEARCHES;
SUPPRESSION OF EVIDENCE.
695.40 REVERSE LOCATION AND REVERSE KEYWORD SEARCHES; PRIVATE
RIGHT OF ACTION.
695.50 PHYSICAL SEARCHES EXCLUDED.
§ 695.00 DEFINITIONS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01721-04-1
S. 296--A 2
AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
1. "GOVERNMENT ENTITY" SHALL MEAN ANY DEPARTMENT OR AGENCY OF THE
STATE OR ANY POLITICAL SUBDIVISION THEREOF, OR ANY INDIVIDUAL ACTING FOR
OR ON BEHALF OF THE STATE OR A POLITICAL SUBDIVISION THEREOF.
2. "REVERSE KEYWORD COURT ORDER" MEANS ANY COURT ORDER, INCLUDING A
SEARCH WARRANT, COMPELLING THE DISCLOSURE OF RECORDS OR INFORMATION
IDENTIFYING ANY UNNAMED PERSONS, BY NAME OR OTHER UNIQUE IDENTIFIER, WHO
ELECTRONICALLY SEARCHED FOR PARTICULAR WORDS, PHRASES, CHARACTER
STRINGS, OR WEBSITES, OR WHO VISITED A PARTICULAR WEBSITE THROUGH A LINK
GENERATED BY SUCH A SEARCH, REGARDLESS OF WHETHER OR NOT THE ORDER IS
LIMITED TO A SPECIFIC GEOGRAPHIC AREA OR TIME FRAME.
3. "REVERSE LOCATION COURT ORDER" MEANS ANY COURT ORDER, INCLUDING A
SEARCH WARRANT, COMPELLING THE DISCLOSURE OF RECORDS OR INFORMATION
PERTAINING TO ELECTRONIC DEVICES OR THEIR USERS OR OWNERS, WHOSE SCOPE
EXTENDS TO AN UNKNOWN NUMBER OF ELECTRONIC DEVICES PRESENT IN A GIVEN
GEOGRAPHIC AREA AT A GIVEN TIME AS MEASURED VIA GLOBAL POSITIONING
SYSTEM COORDINATES, CELL TOWER CONNECTIVITY, WI-FI DATA AND/OR ANY OTHER
FORM OF LOCATION DETECTION.
4. "VOLUNTARY REVERSE KEYWORD REQUEST" MEANS ANY REQUEST IN THE
ABSENCE OF A COURT ORDER, BY ANY GOVERNMENT ENTITY FOR THE PROVISION OF
RECORDS OR INFORMATION IDENTIFYING ANY UNNAMED PERSONS, BY NAME OR OTHER
UNIQUE IDENTIFIER, WHO ELECTRONICALLY SEARCHED FOR PARTICULAR WORDS,
PHRASES, CHARACTER STRINGS, OR WEBSITES, OR WHO VISITED A PARTICULAR
WEBSITE THROUGH A LINK GENERATED BY SUCH A SEARCH, REGARDLESS OF WHETHER
OR NOT THE ORDER IS LIMITED TO A SPECIFIC GEOGRAPHIC AREA OR TIME FRAME.
5. "VOLUNTARY REVERSE LOCATION REQUEST" MEANS ANY REQUEST IN THE
ABSENCE OF A COURT ORDER BY ANY GOVERNMENT ENTITY FOR RECORDS OR INFOR-
MATION PERTAINING TO ELECTRONIC DEVICES OR THEIR USERS OR OWNERS, WHOSE
SCOPE EXTENDS TO AN UNKNOWN NUMBER OF ELECTRONIC DEVICES PRESENT IN A
GIVEN GEOGRAPHIC AREA AT A GIVEN TIME, WHETHER SUCH DEVICE LOCATION IS
MEASURED VIA GLOBAL POSITIONING SYSTEM COORDINATES, CELL TOWER CONNEC-
TIVITY, WI-FI DATA AND/OR ANY OTHER FORM OF LOCATION DETECTION.
6. "LAW ENFORCEMENT OFFICER" MEANS ANY POLICE OFFICER, PEACE OFFICER,
OR PROSECUTOR.
§ 695.10 ISSUANCE OF REVERSE LOCATION COURT ORDERS AND REVERSE KEYWORD
COURT ORDERS.
NO COURT SHALL ISSUE A REVERSE LOCATION COURT ORDER OR A REVERSE
KEYWORD COURT ORDER.
§ 695.20 EXECUTION OF REVERSE LOCATION AND REVERSE KEYWORD SEARCHES.
1. NO GOVERNMENT ENTITY SHALL SEEK, FROM ANY COURT, A REVERSE LOCATION
COURT ORDER OR A REVERSE KEYWORD COURT ORDER.
2. NO GOVERNMENT ENTITY SHALL MAKE A VOLUNTARY REVERSE LOCATION
REQUEST OR A VOLUNTARY AND REVERSE KEYWORD REQUEST.
3. NO GOVERNMENT ENTITY SHALL SEEK, SECURE, OBTAIN, BORROW, PURCHASE,
USE, OR REVIEW ANY INFORMATION OR DATA OBTAINED THROUGH A REVERSE
LOCATION REQUEST OR A REVERSE KEYWORD REQUEST.
4. NO GOVERNMENT ENTITY SHALL SEEK THE ASSISTANCE OF ANY NON-GOVERN-
MENTAL ENTITY, ANY AGENCY OF THE FEDERAL GOVERNMENT, OR ANY AGENCY OF
THE GOVERNMENT OF ANOTHER STATE OR SUBDIVISION THEREOF IN OBTAINING
INFORMATION OR DATA FROM A REVERSE LOCATION COURT ORDER, REVERSE KEYWORD
COURT ORDER, REVERSE LOCATION REQUEST, OR REVERSE KEYWORD REQUEST IF THE
GOVERNMENT ENTITY WOULD BE BARRED FROM DIRECTLY SEEKING SUCH INFORMATION
UNDER THIS ARTICLE.
§ 695.30 REVERSE LOCATION AND REVERSE KEYWORD SEARCHES; SUPPRESSION OF
EVIDENCE.
S. 296--A 3
1. UPON MOTION FROM A DEFENDANT, A COURT SHALL ORDER THAT EVIDENCE BE
SUPPRESSED OR EXCLUDED IF THE COURT FINDS THAT SUCH EVIDENCE:
(A) CONSISTS OF A RECORD ACQUIRED VIA A REVERSE LOCATION COURT ORDER,
REVERSE KEYWORD COURT ORDER, VOLUNTARY REVERSE LOCATION REQUEST, OR
VOLUNTARY REVERSE KEYWORD REQUEST; OR
(B) WAS OBTAINED AS A RESULT OF OTHER EVIDENCE OBTAINED UNDER A
REVERSE LOCATION COURT ORDER, REVERSE KEYWORD COURT ORDER, VOLUNTARY
REVERSE LOCATION REQUEST, OR VOLUNTARY REVERSE KEYWORD REQUEST.
2. THIS SECTION SHALL APPLY REGARDLESS OF THE COURT WHICH ISSUED THE
ORDER AND REGARDLESS OF WHETHER THE ISSUANCE OF THE ORDER WAS PERMISSI-
BLE UNDER THE PROCEDURES OF THAT COURT.
3. THIS SECTION SHALL APPLY REGARDLESS OF ANY CLAIM THAT THE INFORMA-
TION OR EVIDENCE IS ATTENUATED FROM AN UNLAWFUL ORDER OR REQUEST, WOULD
INEVITABLY HAVE BEEN DISCOVERED, OR WAS SIMULTANEOUSLY OR SUBSEQUENTLY
OBTAINED OR REOBTAINED THROUGH OTHER MEANS.
§ 695.40 REVERSE LOCATION AND REVERSE KEYWORD SEARCHES; PRIVATE RIGHT OF
ACTION.
1. ANY INDIVIDUAL WHOSE RECORDS WERE OBTAINED BY ANY GOVERNMENT ENTITY
IN VIOLATION OF SECTION 695.20 OF THIS ARTICLE MAY INSTITUTE A CIVIL
ACTION AGAINST SUCH GOVERNMENT ENTITY FOR ANY OR ALL OF THE FOLLOWING:
(A) ONE THOUSAND DOLLARS PER VIOLATION OR ACTUAL DAMAGES, WHICHEVER IS
GREATER.
(B) PUNITIVE DAMAGES.
(C) INJUNCTIVE OR DECLARATORY RELIEF.
(D) ANY OTHER RELIEF THE COURT DEEMS PROPER.
2. IN ASSESSING THE AMOUNT OF PUNITIVE DAMAGES, THE COURT SHALL
CONSIDER:
(A) THE NUMBER OF PEOPLE WHOSE INFORMATION WAS DISCLOSED.
(B) THE PROXIMITY OF THE SEARCH TO LOCATIONS WITH HEIGHTENED PRIVACY
CONCERNS, INCLUDING, BUT NOT LIMITED TO, HOUSES OF WORSHIP, POLITICAL
PROTESTS, AND MEDICAL FACILITIES.
(C) THE PERSISTENCE OF VIOLATIONS BY THE PARTICULAR GOVERNMENT ENTITY.
3. IN ANY ACTION BROUGHT UNDER THIS SECTION, THE COURT SHALL AWARD
REASONABLE ATTORNEYS' FEES, EXPENSES AND COSTS TO A PREVAILING PLAIN-
TIFF.
§ 695.50 PHYSICAL SEARCHES EXCLUDED.
THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE SEARCH OF ANY ELEC-
TRONIC DEVICE LAWFULLY SEIZED AND/OR SEARCHED PURSUANT TO A SEARCH
WARRANT ISSUED UNDER ARTICLE SIX HUNDRED NINETY OF THIS TITLE.
§ 3. This act shall take effect immediately.