Senate Bill S6224

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6224
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               April 4, 2023
                                ___________
 
 Introduced  by Sen. GONZALEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Internet and Technology
 
 AN ACT to amend the general business law, in  relation  to  safeguarding
   abortion access through data privacy protection
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.   The general business law  is  amended  by  adding  a  new
 section 394-f to read as follows:
   §  394-F. WARRANTS FOR REPRODUCTIVE HEALTH RELATED ELECTRONIC DATA. 1.
 FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   A.  "ELECTRONIC  COMMUNICATION"  MEANS ANY TRANSFER OF SIGNS, SIGNALS,
 WRITING, IMAGES, SOUNDS, DATA, OR INTELLIGENCE OF ANY NATURE TRANSMITTED
 IN WHOLE OR IN PART BY A WIRE, RADIO,  ELECTROMAGNETIC,  PHOTOELECTRONIC
 OR PHOTO-OPTICAL SYSTEM; PROVIDED, HOWEVER, SUCH TERM SHALL NOT INCLUDE:
   I. ANY TELEPHONIC OR TELEGRAPHIC COMMUNICATION.
   II. ANY COMMUNICATION MADE THROUGH A TONE ONLY PAGING DEVICE.
   III. 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.
   IV. 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 PUBLIC.
   B.  "ELECTRONIC  COMMUNICATION  SERVICES"  MEANS  ANY  SERVICE   WHICH
 PROVIDES  TO  USERS THEREOF THE ABILITY TO SEND OR RECEIVE WIRE OR ELEC-
 TRONIC COMMUNICATIONS.
   C. "PROHIBITED VIOLATION" MEANS ANY CIVIL OR CRIMINAL OFFENSE  DEFINED
 UNDER THE LAWS OF ANOTHER STATE THAT CREATES CIVIL OR CRIMINAL LIABILITY
 OR  ANY THEORY OF VICARIOUS, JOINT, SEVERAL OR CONSPIRACY LIABILITY FOR,
 IN WHOLE OR IN PART BASED ON OR ARISING OUT OF, EITHER OF THE FOLLOWING,
 UNLESS SUCH OUT-OF-STATE PROCEEDING I. SOUNDS IN TORT OR  CONTRACT;  II.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10264-01-3
              

 S. 6224                             2
 
 IS  ACTIONABLE,  IN  AN  EQUIVALENT OR SIMILAR MANNER, UNDER THE LAWS OF
 THIS STATE; OR III. WAS BROUGHT BY THE PATIENT WHO RECEIVED REPRODUCTIVE
 HEALTH CARE, OR THE PATIENT'S LEGAL REPRESENTATIVE:
   (1)  PROVIDING,  FACILITATING,  OR  OBTAINING REPRODUCTIVE HEALTH CARE
 SERVICES THAT ARE LAWFUL UNDER NEW YORK LAW; OR
   (2) INTENDING OR ATTEMPTING TO PROVIDE, FACILITATE, OR  OBTAIN  REPRO-
 DUCTIVE HEALTH CARE SERVICES THAT ARE LAWFUL UNDER NEW YORK LAW.
   D.  "REPRODUCTIVE  HEALTH CARE SERVICES" MEANS ANY SERVICES RELATED TO
 THE  PERFORMANCE  OR  AIDING  WITHIN  THE  PERFORMANCE  OF  AN  ABORTION
 PERFORMED  WITHIN  THIS  STATE  THAT IS PERFORMED IN ACCORDANCE WITH THE
 APPLICABLE LAW OF THIS STATE, ENDING, SEEKING TO END, OR AIDING  ANOTHER
 IN  ENDING  THEIR PREGNANCY WITHIN THIS STATE, OR PROCURING OR AIDING IN
 THE PROCUREMENT OF AN ABORTION WITHIN THIS STATE.
   2. ANY PERSON OR ENTITY THAT IS HEADQUARTERED OR INCORPORATED  IN  NEW
 YORK  THAT  PROVIDES  ELECTRONIC  COMMUNICATIONS SERVICES TO THE GENERAL
 PUBLIC, WHEN SERVED WITH A WARRANT ISSUED BY ANOTHER  STATE  TO  PRODUCE
 RECORDS  THAT  WOULD  REVEAL  THE  IDENTITY OF THE CUSTOMERS USING THOSE
 SERVICES, DATA STORED BY OR ON BEHALF OF THE CUSTOMERS,  THE  CUSTOMERS'
 USAGE  OF THOSE SERVICES, THE RECIPIENT OR DESTINATION OF COMMUNICATIONS
 SENT TO OR FROM THOSE CUSTOMERS, OR THE CONTENT OF THOSE COMMUNICATIONS,
 SHALL NOT PRODUCE THOSE RECORDS WHEN THE  CORPORATION  KNOWS  OR  SHOULD
 KNOW  THAT  THE WARRANT RELATES TO AN INVESTIGATION INTO, OR ENFORCEMENT
 OF, A PROHIBITED VIOLATION.
   3. ANY PERSON OR ENTITY THAT IS HEADQUARTERED OR INCORPORATED  IN  NEW
 YORK  MAY  COMPLY WITH A WARRANT AS DESCRIBED IN SUBDIVISION TWO OF THIS
 SECTION IF THE WARRANT IS ACCOMPANIED BY  AN  ATTESTATION  MADE  BY  THE
 ENTITY SEEKING THE RECORDS THAT THE EVIDENCE SOUGHT IS NOT RELATED TO AN
 INVESTIGATION INTO, OR ENFORCEMENT OF, A PROHIBITED VIOLATION.
   4.  THE  ATTORNEY  GENERAL  MAY  COMMENCE A CIVIL ACTION TO COMPEL ANY
 CORPORATION HEADQUARTERED OR INCORPORATED  IN  NEW  YORK  THAT  PROVIDES
 ELECTRONIC  COMMUNICATIONS  SERVICES OR REMOTE COMPUTING SERVICES TO THE
 GENERAL PUBLIC TO COMPLY WITH THE PROVISIONS OF THIS SECTION.
   § 2. The general business law is amended by adding a new section 394-g
 to read as follows:
   § 394-G. GEOFENCING OF HEALTH CARE FACILITIES.  1. FOR THE PURPOSES OF
 THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   A. "DIGITAL ADVERTISEMENT" MEANS ANY COMMUNICATION DELIVERED BY  ELEC-
 TRONIC  MEANS THAT IS INTENDED TO BE USED FOR THE PURPOSES OF MARKETING,
 SOLICITATION, OR DISSEMINATION OF INFORMATION RELATED, DIRECTLY OR INDI-
 RECTLY, TO GOODS OR SERVICES PROVIDED BY THE  DIGITAL  ADVERTISER  OR  A
 THIRD PARTY.
   B. "GEOFENCING" MEANS A TECHNOLOGY THAT USES GLOBAL POSITIONING SYSTEM
 COORDINATES,  CELL  TOWER  CONNECTIVITY,  CELLULAR DATA, RADIO FREQUENCY
 IDENTIFICATION, WI-FI DATA AND/OR ANY OTHER FORM OF LOCATION  DETECTION,
 TO   ESTABLISH  A  VIRTUAL  BOUNDARY  OR  "GEOFENCE" AROUND A PARTICULAR
 LOCATION THAT  ALLOWS  A  DIGITAL  ADVERTISER  TO  TRACK   THE  LOCATION
 OF   AN   INDIVIDUAL  USER  AND  ELECTRONICALLY DELIVER TARGETED DIGITAL
 ADVERTISEMENTS DIRECTLY TO SUCH USER'S MOBILE DEVICE  UPON  SUCH  USER'S
 ENTRY INTO THE GEOFENCED AREA.
   C.  "HEALTH  CARE  FACILITY" MEANS ANY GOVERNMENTAL OR PRIVATE AGENCY,
 DEPARTMENT,  INSTITUTION,  CLINIC,  LABORATORY,  HOSPITAL,   PHYSICIAN'S
 OFFICE,  NURSING CARE FACILITY, HEALTH MAINTENANCE ORGANIZATION, ASSOCI-
 ATION OR OTHER SIMILAR ENTITY THAT  PROVIDES  MEDICAL  CARE  OR  RELATED
 SERVICES  PURSUANT  TO  THE  PROVISIONS  OF THE PUBLIC HEALTH LAW OR THE
 MENTAL HYGIENE LAW, INCLUDING THE BUILDING OR  STRUCTURE  IN  WHICH  THE
 FACILITY IS LOCATED.
 S. 6224                             3
 
   D.  "USER"  MEANS A NATURAL PERSON WHO OWNS OR USES A MOBILE DEVICE OR
 ANY OTHER CONNECTED  ELECTRONIC  DEVICE  CAPABLE  OF  RECEIVING  DIGITAL
 ADVERTISEMENTS.
   2.  IT  SHALL BE UNLAWFUL FOR ANY PERSON, CORPORATION, PARTNERSHIP, OR
 ASSOCIATION TO ESTABLISH A GEOFENCE OR SIMILAR VIRTUAL  BOUNDARY  AROUND
 ANY HEALTH CARE FACILITY, AS DEFINED PURSUANT TO PARAGRAPH C OF SUBDIVI-
 SION  ONE  OF  THIS SECTION, FOR THE PURPOSE OF DELIVERING BY ELECTRONIC
 MEANS A DIGITAL ADVERTISEMENT TO A USER AT OR WITHIN  SUCH  HEALTH  CARE
 FACILITY, AND IT SHALL BE UNLAWFUL FOR ANY PERSON, CORPORATION, PARTNER-
 SHIP,  OR  ASSOCIATION TO DELIVER BY ELECTRONIC MEANS ANY DIGITAL ADVER-
 TISEMENT TO A USER AT OR WITHIN ANY SUCH HEALTH  CARE  FACILITY  THROUGH
 THE USE OF GEOFENCING OR SIMILAR VIRTUAL BOUNDARY.
   § 3. Severability. If any provision of this article or the application
 thereof  to  any person or circumstances is held invalid, the invalidity
 thereof shall not affect other provisions or applications of the article
 which can be given effect without the invalid provision or  application,
 and to this end the provisions of this article are severable.
   §  4.  This  act shall take effect on the thirtieth day after it shall
 have become a law.