Senate Bill S1764

2023-2024 Legislative Session

Prohibits the creation of fake electronic communication service accounts and prohibits the collection and use of account information by law enforcement and other governmental entities

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-S1764 (ACTIVE) - Details

See Assembly Version of this Bill:
A4638
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add Art 702 §§702.00 - 702.70, CP L
Versions Introduced in 2021-2022 Legislative Session:
S9247, A10447

2023-S1764 (ACTIVE) - Summary

Prohibits police and other governmental entities from creating fake electronic communication service accounts, or from collecting or using an individual's account information; establishes a private right of action for a violation of such provisions.

2023-S1764 (ACTIVE) - Sponsor Memo

2023-S1764 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1764
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2023
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation  to  prohibiting
   the  creation of fake electronic communication service accounts and to
   prohibiting the collection and use of individuals' account information
   by law enforcement officers and other government entities
 
   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 "stop online police fake accounts and keep everyone safe act" or the
 "stop fakes act".
   § 2. The criminal procedure law is amended by adding a new article 702
 to read as follows:
                                ARTICLE 702
   DECEPTIVE LAW ENFORCEMENT ACCESS TO ELECTRONIC COMMUNICATION SERVICE
                            ACCOUNTS PROHIBITED
 SECTION 702.00 DEFINITIONS.
         702.10 LAW ENFORCEMENT CREATION OF FAKE ACCOUNTS PROHIBITED.
         702.20 LAW ENFORCEMENT USE OF FAKE ACCOUNTS PROHIBITED.
         702.30 THIRD PARTY USE OF FAKE ACCOUNTS.
         702.40 LAW ENFORCEMENT COLLECTION OF ACCOUNT INFORMATION PROHIB-
                 ITED.
         702.50 LAW ENFORCEMENT USE OF ACCOUNT INFORMATION PROHIBITED.
         702.60 FAKE ACCOUNTS AND COLLECTION OF CREDENTIALS;  SUPPRESSION
                 OF EVIDENCE.
         702.70  FAKE  ACCOUNTS  AND  COLLECTION  OF ACCOUNT INFORMATION;
                 PRIVATE RIGHT OF ACTION.
 § 702.00 DEFINITIONS.
   AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE  FOLLOWING
 MEANINGS:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06096-01-3
 S. 1764                             2
              

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