Creates the New York electronic communications privacy act; search and seizure of electronic devices and electronic communications

Showing the cosponsors who are on Agora, A to Z. The official record may list more.

• Democratic25

Shown in neutral colors by design; Agora is non-partisan.

◆ The sponsor's argument

Why Kevin S. Parker says this is needed

New York residents increasingly rely on mobile devices, computers, tablets, and the internet to connect, communicate, work, research infor- mation and manage personal matters, including sensitive or confidential matters. At present, federal and state laws protecting the content of these private electronic communications are antiquated and fail to "address the surveillance capabilities of modern technology. In this digital age, it is important to protect the privacy and due process rights of New York residents by ensuring New York privacy laws are updated to reflect the capabilities and consequences of new technology. In two recent decisions, United States v. Jones and Riley v. Califor- nia, the U.S. Supreme Court upheld Fourth Amendment privacy rights against warrantless government surveillance. Justice Alito in Jones also prompted lawmakers to take action, noting that in circumstances involv- ing dramatic technological change "a legislative body is well suited to gauge changing public attitudes, to draw detailed lines, and to balance privacy and public safety in a comprehensive way." The New York Elec- tronic Communications Privacy Act heeds the call in Jones for the legis- lature to act and to safeguard New Yorkers, spur innovation, and support public safety by updating privacy law to match the modern digital world. This bill will make sure that the law enforcement officers go to a judge and get a warrant before they can access sensitive information, includ- ing data from personal electronic devices, emails, digital documents, text messages, and location information under normal circumstances. The bill also includes thoughtful exceptions to ensure that they can contin- ue to effectively and efficiently protect public safety. The bill's notice, reporting, and enforcement provisions make sure that there is a proper transparency and oversight mechanisms to ensure that the law is followed and there is parity in criminal proceedings.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.