Legislation

§ 394-f. Warrants for electronic data related to legally protected
health activities. 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
movement 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
electronic communications.

c. "Gender-affirming care" shall have the same meaning as defined by
section 570.17 of the criminal procedure law.

d. "Legally protected health activity" shall have the same meaning as
defined by section 570.17 of the criminal procedure law.

e. "Prohibited violation" means any investigation or proceeding that
seeks to impose civil or criminal liability, professional sanctions, or
any other legal consequences upon a person for any legally protected
health activity, unless such proceeding i. sounds in tort or contract;
ii. is actionable, in an equivalent or similar manner, under the laws of
this state; and iii. was brought by the person who received reproductive
health care or gender-affirming care, or the person's legal
representative, provided the person has given express consent unless
express consent is not feasible due to their injury or death.

f. "Reproductive health care" shall have the same meaning as defined
by section 570.17 of the criminal procedure law.

2. Any person or entity that is headquartered or incorporated in New
York that provides electronic communications services to the general
public, when, in New York, served with a warrant issued by another state
to produce records in New York 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 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 or special
proceeding to enforce the provisions of this section.