New York S 404: Prohibits the use of reverse location and reverse keyword searches

Bill Text

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S00404 Summary:

BILL NOS00404 

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SAME ASSAME AS A00407

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SPONSORMYRIE

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COSPNSRBRISPORT, BROUK, CLEARE, COMRIE, COONEY, FERNANDEZ, GIANARIS, GONZALEZ, GOUNARDES, HOYLMAN-SIGAL,
 JACKSON, KAVANAGH, KRUEGER, LIU, MAY, RAMOS, RIVERA, SALAZAR, SEPULVEDA, SERRANO, STAVISKY

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MLTSPNSR

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Add Art 695 §§695.00 - 695.60, CP L

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Prohibits 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, character strings, or websites.

Go to top S00404 Actions:

BILL NOS00404 

&nbsp

01/08/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS00404 Committee&nbspVotes:

Go to topS00404 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS00404 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 404

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sens. MYRIE, BRISPORT, CLEARE, COONEY, FERNANDEZ, GIANAR-
 IS, GONZALEZ, GOUNARDES, HOYLMAN-SIGAL, JACKSON, KAVANAGH, KRUEGER,
 LIU, MAY, RAMOS, RIVERA, SALAZAR, SEPULVEDA, STAVISKY -- 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 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:

 1 Section 1. Short title. This act shall be known and may be cited as
 2 the "reverse location and reverse keyword search prohibition act".
 3 § 2. The criminal procedure law is amended by adding a new article 695
 4 to read as follows:
 5 ARTICLE 695
 6 REVERSE LOCATION AND REVERSE KEYWORD SEARCHES
 7 Section 695.00 Definitions.
 8 695.10 Issuance of reverse location court orders and reverse
 9 keyword court orders.
 10 695.20 Execution of reverse location and reverse keyword search-
 11 es.
 12 695.30 Reverse location and reverse keyword searches;
 13 suppression of evidence.
 14 695.40 Reverse location and reverse keyword searches; private
 15 right of action.
 16 695.50 Physical searches excluded.
 17 695.60 Severability.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01558-01-5

 S. 404 2

 1 § 695.00 Definitions.
 2 As used in this article, the following terms shall have the following
 3 meanings:
 4 1. "Government entity" shall mean any department or agency of the
 5 state or any political subdivision thereof, or any individual acting for
 6 or on behalf of the state or a political subdivision thereof.
 7 2. "Person" means a natural person or a legal entity, including but
 8 not limited to a proprietorship, partnership, limited partnership,
 9 corporation, company, limited liability company or corporation, associ-
 10 ation, or other firm or similar body, or any unit, division, agency,
 11 department, or similar subdivision thereof.
 12 3. "Reverse keyword court order" means any court order, including a
 13 search warrant, compelling the disclosure of records or information
 14 identifying any unnamed persons, by name or other unique identifier, who
 15 electronically searched for particular words, phrases, character
 16 strings, or websites, or who visited a particular website through a link
 17 generated by such a search, regardless of whether or not the order is
 18 limited to a specific geographic area or time frame.
 19 4. "Reverse location court order" means any court order, including a
 20 search warrant, compelling the disclosure of records or information
 21 pertaining to electronic devices or their users or owners, whose scope
 22 extends to an unknown number of electronic devices present in a given
 23 geographic area at a given time as measured via global positioning
 24 system coordinates, cell tower connect