A02313 Summary:

BILL NOA02313
 
SAME ASNo Same As
 
SPONSORRodriguez (MS)
 
COSPNSRBlake, Peoples-Stokes, Vanel, Mosley
 
MLTSPNSRCook
 
Amd CP L, generally
 
Relates to search warrants for electronic communication services, remote computing services and electronic location information; allows law enforcement to execute search warrants for electronic data held inside and outside New York state.
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A02313 Actions:

BILL NOA02313
 
01/22/2019referred to codes
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A02313 Committee Votes:

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A02313 Floor Votes:

There are no votes for this bill in this legislative session.
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A02313 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2313
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 22, 2019
                                       ___________
 
        Introduced  by  M.  of  A.  RODRIGUEZ,  BLAKE,  PEOPLES-STOKES, VANEL --
          Multi-Sponsored by -- M. of A. COOK -- read once and referred  to  the
          Committee on Codes
 
        AN  ACT to amend the criminal procedure law, in relation to establishing
          the EMAIL privacy act (electronic messaging and individual location)

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  This  act  shall  be known and may be cited as the "EMAIL
     2  privacy act (electronic messaging and individual location)".
     3    § 2. Paragraph (c) of subdivision 1 of section 690.15 of the  criminal
     4  procedure  law  is  amended  and a new paragraph (d) is added to read as
     5  follows:
     6    (c)  A designated or described person[.];
     7    (d) Designated or described electronic  customer  data  or  electronic
     8  location  information held in electronic storage, including the contents
     9  of and records and other information related to a wire communication  or
    10  electronic  communication  held  in electronic storage.  For purposes of
    11  this paragraph, "electronic communication" has the meaning  assigned  by
    12  section  250.00  of  the penal law, "electronic storage", "wire communi-
    13  cation", "electronic customer data" and  "electronic  location  informa-
    14  tion" have the meaning assigned by section 690.05 of this article.
    15    § 3. Subdivision 2 of section 690.05 of the criminal procedure law, as
    16  amended  by  chapter  504  of the laws of 1991, the opening paragraph as
    17  amended by chapter 424 of the laws of 1998, is amended and a new  subdi-
    18  vision 3 is added to read as follows:
    19    2.  A  search  warrant is a court order and process directing a police
    20  officer to conduct:
    21    (a) a search of designated premises, or of a designated vehicle, or of
    22  a designated person, for the purpose of seizing designated  property  or
    23  kinds  of property, and to deliver any property so obtained to the court
    24  which issued the warrant; or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07279-01-9

        A. 2313                             2
 
     1    (b) a search of a designated premises for the purpose of searching for
     2  and arresting a person who is the subject of: (i) a  warrant  of  arrest
     3  issued  pursuant  to  this  chapter,  a superior court warrant of arrest
     4  issued pursuant to this chapter, or a bench warrant for a felony  issued
     5  pursuant  to this chapter, where the designated premises is the dwelling
     6  of a third party who is not the subject of the arrest warrant; or
     7    (ii) a warrant of arrest issued by any other state  or  federal  court
     8  for  an  offense  which would constitute a felony under the laws of this
     9  state, where the designated premises is the dwelling of  a  third  party
    10  who is not the subject of the arrest warrant[.]; or
    11    (c)  a  search  of designated or described electronic customer data or
    12  electronic location information held in  electronic  storage  or  mobile
    13  device,  including  the  contents  of, and records and other information
    14  related to a wire communication  or  electronic  communication  held  in
    15  electronic storage or mobile device.
    16    3. The following definitions are applicable to this article:
    17    (a) "Electronic storage" means any storage of electronic customer data
    18  in  a  computer,  computer  network,  or  computer system, regardless of
    19  whether the data is subject to recall, further  manipulation,  deletion,
    20  or transmission, and includes any storage of a wire or electronic commu-
    21  nication  by  an electronic communications service or a remote computing
    22  service.
    23    (b) "Wire communication" means an aural transfer made in whole  or  in
    24  part  through  the  use  of  facilities for the transmission of communi-
    25  cations by the aid of wire, cable, or other like connection between  the
    26  point  of origin and the point of reception, including the use of such a
    27  connection in a switching station, furnished or  operated  by  a  person
    28  authorized  to  engage  in providing or operating the facilities for the
    29  transmission of communications as a communications common  carrier.  The
    30  term includes the electronic storage of a wire communication.
    31    (c) "Electronic customer data" means data or records that:
    32    (i)  are in the possession, care, custody, or control of a provider of
    33  an electronic communications service or a remote computing service; and
    34    (ii) contain: (1) information revealing the identity of  customers  of
    35  the applicable service;
    36    (2) information about a customer's use of the applicable service;
    37    (3) information that identifies the recipient or destination of a wire
    38  communication or electronic communication sent to or by the customer;
    39    (4)  the  content  of a wire communication or electronic communication
    40  sent to or by the customer; and
    41    (5) any data stored by or on behalf of the customer with the  applica-
    42  ble service provider.
    43    (d)  "Electronic  location  information"  means  any  information that
    44  relates to: (i) the location of a cellular telephone,  mobile  or  other
    45  wireless  communications  device; and (ii) is wholly or partly generated
    46  by or derived from the operation of the device.
    47    § 4. The criminal procedure law is amended by  adding  a  new  section
    48  690.60 to read as follows:
    49  § 690.60 Search  warrants;  government  access  to stored customer data,
    50             communications and electronic location information.
    51    1. An authorized police officer may require a provider  of  electronic
    52  communications  service  or  a provider of a remote computing service to
    53  disclose electronic customer data  or  electronic  location  information
    54  that is in electronic storage by obtaining a warrant.
    55    2. In executing a search warrant directing a provider of an electronic
    56  communications  service  or  a provider of a remote computing service to

        A. 2313                             3
 
     1  disclose only electronic customer data that is information revealing the
     2  identity of customers of the applicable service or information  about  a
     3  customer's  use of the applicable service a police officer need not give
     4  notice to the subscriber or customer:
     5    (a) by obtaining an administrative subpoena authorized by statute;
     6    (b) by obtaining a grand jury subpoena;
     7    (c) by obtaining a warrant;
     8    (d)  by  obtaining  the  consent  of the subscriber or customer to the
     9  disclosure of the data;
    10    (e) by obtaining a court order; or
    11    (f) as otherwise permitted by applicable federal law.
    12    3. A provider of telephonic communications service shall  disclose  to
    13  an  authorized  police  officer,  without  any  form  of  legal process,
    14  subscriber listing information, including name, address,  and  telephone
    15  number or similar access code that:
    16    (a) the service provides to others in the course of providing publicly
    17  available directory or similar assistance; or
    18    (b)  is  solely  for  use  in  the  dispatch of emergency vehicles and
    19  personnel responding  to  a  distress  call  directed  to  an  emergency
    20  dispatch  system  or when the information is reasonably necessary to aid
    21  in the dispatching of emergency vehicles and personnel for the immediate
    22  prevention of death, personal injury, or destruction of property.
    23    4. A provider of telephonic communications service  shall  provide  an
    24  authorized  police  officer  with  the  name of the subscriber of record
    25  whose published telephone number  is  provided  to  the  service  by  an
    26  authorized police officer.
    27    5.  Electronic  location  information may be obtained by an authorized
    28  police officer without any form of legal process, if:
    29    (a) the device is reported stolen by the owner; or
    30    (b) there exists an immediate life-threatening situation.
    31    § 5. The criminal procedure law is amended by  adding  a  new  section
    32  690.65 to read as follows:
    33  § 690.65 Search  warrants;  warrant  issued  in  this  state  for stored
    34             customer data, communications or electronic location informa-
    35             tion.
    36    1. This section applies to a warrant required under section 690.60  of
    37  this  article to obtain electronic customer data, including the contents
    38  of a wire communication, electronic communication or electronic location
    39  information.
    40    2. On the filing of an application by an authorized police officer,  a
    41  district  judge  may issue a search warrant under this section for elec-
    42  tronic customer data held in electronic storage, including the  contents
    43  of  and records and other information related to a wire communication or
    44  electronic  communication  held  in  electronic  storage  or  electronic
    45  location  information,  by  a  provider  of an electronic communications
    46  service or a provider of a remote computing service described by  subdi-
    47  vision eight of this section, regardless of whether the customer data is
    48  held  at  a location in this state or at a location in another state. An
    49  application made under this subdivision must demonstrate probable  cause
    50  for  the  issuance  of  the warrant and must be supported by the oath or
    51  affirmation of the authorized police officer.
    52    3. A search warrant may not be issued under this  section  unless  the
    53  application required by section 690.35 of this article sets forth suffi-
    54  cient and substantial facts to establish probable cause that:
    55    (a) a specific offense has been committed; and

        A. 2313                             4
 
     1    (b)  the  electronic  customer data or electronic location information
     2  sought:
     3    (i) constitutes evidence of that offense or evidence that a particular
     4  person committed that offense; and
     5    (ii)  is  held  in electronic storage by the service provider on which
     6  the warrant is served under subdivision seven of this section.
     7    4. Only the electronic customer data or electronic  location  informa-
     8  tion  described  in  the  application required by section 690.35 of this
     9  article may be seized under the warrant.
    10    5. The police officer shall execute the warrant  not  later  than  the
    11  tenth  day  after  the  date  of issuance, except that the officer shall
    12  execute the warrant within a  shorter  period  if  so  directed  in  the
    13  warrant  by  the  district  judge.  For  purposes of this subdivision, a
    14  warrant is executed when the warrant is served in the  manner  described
    15  by subdivision seven of this section.
    16    6.  A  warrant  under  this  section  may  be served only on a service
    17  provider that is a domestic entity or  a  company  or  entity  otherwise
    18  doing  business  in  this  state  under a contract or a terms of service
    19  agreement with a resident of this state, if any part of that contract or
    20  agreement is to be performed in this state. The service  provider  shall
    21  produce  all electronic customer data, contents of communications, elec-
    22  tronic location information, and other information sought, regardless of
    23  where the information is held in the United States and within the period
    24  allowed for compliance with the  warrant,  as  provided  by  subdivision
    25  eight  of  this section. A court may find any designated officer, desig-
    26  nated director, or designated owner of a company or entity  in  contempt
    27  of court if the person by act or omission is responsible for the failure
    28  of  the  company  or entity to comply with the warrant within the period
    29  allowed for compliance. The failure of a company  or  entity  to  timely
    30  deliver the information sought in the warrant does not affect the admis-
    31  sibility of that evidence in a criminal proceeding.
    32    7.  A  search  warrant  issued  under  this section is served when the
    33  authorized police officer delivers the warrant  by  hand,  by  facsimile
    34  transmission,  or,  in  a manner allowing proof of delivery, by means of
    35  the United States mail or a private delivery service to:
    36    (a) a person specified by section three hundred five of  the  business
    37  corporation law;
    38    (b) the secretary of state in the case of a company or entity to which
    39  section three hundred six of the business corporation law applies; or
    40    (c)  any  other  person or entity designated to receive the service of
    41  process.
    42    8. The district judge shall indicate in the warrant that the  deadline
    43  for  compliance  by the provider of an electronic communications service
    44  or the provider of a remote computing service is the fifteenth  business
    45  day  after the date the warrant is served if the warrant is to be served
    46  on a domestic entity or a company or entity otherwise doing business  in
    47  this  state,  except  that  the  deadline  for compliance with a warrant
    48  served in accordance with section three  hundred  six  of  the  business
    49  corporation  law,  may  be extended to a date that is not later than the
    50  thirtieth day after the date the warrant is served. The judge may  indi-
    51  cate  in  a warrant that the deadline for compliance is earlier than the
    52  fifteenth business day after the date the warrant is served if the offi-
    53  cer makes a showing and the judge finds that failure to comply with  the
    54  warrant  by  the  earlier  deadline  would  cause serious jeopardy to an
    55  investigation, cause undue delay of a trial, or create a  material  risk
    56  of:

        A. 2313                             5
 
     1    (a) danger to the life or physical safety of any person;
     2    (b) flight from prosecution;
     3    (c) the tampering with or destruction of evidence; or
     4    (d) intimidation of potential witnesses.
     5    9.  If  the  authorized  police officer serving the warrant under this
     6  section also delivers an application form to the provider  of  an  elec-
     7  tronic  communications  service  or  the  provider of a remote computing
     8  service responding to the warrant, and the police officer also  notifies
     9  the  provider  in writing that an executed application is required, then
    10  the provider  shall  verify  the  authenticity  of  the  customer  data,
    11  contents  of  communications, electronic location information, and other
    12  information produced in compliance with the warrant  by  including  with
    13  the  information the application form completed and sworn to by a person
    14  who is a custodian of the information or a person otherwise qualified to
    15  attest to its authenticity that states that the information  was  stored
    16  in the course of regularly conducted business of the provider and speci-
    17  fies  whether  it  is the regular practice of the provider to store that
    18  information.
    19    10. On a service provider's  compliance  with  a  warrant  under  this
    20  section, an authorized police officer shall file a return of the warrant
    21  and  a  copy  of  the inventory of the seized property as required under
    22  section 690.50 of this article.
    23    11. The district judge shall hear and decide any motion to  quash  the
    24  warrant not later than the fifth business day after the date the service
    25  provider  files  the motion. The judge may allow the service provider to
    26  appear at the hearing by teleconference.
    27    12. A provider of an electronic communications service or  a  provider
    28  of  a remote computing service responding to a warrant issued under this
    29  section may request an extension of the period for compliance  with  the
    30  warrant if extenuating circumstances exist to justify the extension. The
    31  district  judge  shall  grant  a request for an extension based on those
    32  circumstances if:
    33    (a) the authorized police officer  who  applied  for  the  warrant  or
    34  another  appropriate  authorized police officer agrees to the extension;
    35  or
    36    (b) the district judge finds that the need for the extension outweighs
    37  the likelihood that the extension will  cause  an  adverse  circumstance
    38  described by subdivision eight of this section.
    39    §  6.  The  criminal  procedure law is amended by adding a new section
    40  690.70 to read as follows:
    41  § 690.70 Search warrants; warrant issued in  another  state  for  stored
    42             customer data, communications or electronic location informa-
    43             tion.
    44    Any  domestic  entity that provides electronic communications services
    45  or remote computing services to the public shall comply with  a  warrant
    46  issued in another state and seeking information described in subdivision
    47  two  of  section 690.65 of this article, if the warrant is served on the
    48  entity in a manner equivalent to service of process required by subdivi-
    49  sion eight of section 690.65 of this article.
    50    § 7. The criminal procedure law is amended by  adding  a  new  section
    51  690.75 to read as follows:
    52  § 690.75 Search warrants; back-up preservation for stored customer data,
    53             communications or electronic location information.
    54    1.  A  subpoena  or  court  order for disclosure of certain electronic
    55  customer data or electronic  location  information  held  in  electronic
    56  storage  by  a  provider  of  an  electronic communications service or a

        A. 2313                             6
 
     1  provider of a remote computing service  may  require  that  provider  to
     2  create  a  copy  of the customer data or electronic location information
     3  sought by the subpoena or court order for the purpose of preserving that
     4  data.  The provider may not inform the subscriber or customer whose data
     5  is being sought that the subpoena or court order has  been  issued.  The
     6  provider shall create the copy within a reasonable time as determined by
     7  the court issuing the subpoena or court order.
     8    2. The provider of an electronic communications service or the provid-
     9  er of a remote computing service shall immediately notify the authorized
    10  police  officer who presented the subpoena or court order requesting the
    11  copy when the copy has been created.
    12    3. The authorized  police  officer  shall  notify  the  subscriber  or
    13  customer  whose electronic customer data or electronic location informa-
    14  tion is the subject of the subpoena or court order of  the  creation  of
    15  the  copy not later than three days after the date of the receipt of the
    16  notification from the applicable provider that the copy was created.
    17    4. The provider of an electronic communications service or the provid-
    18  er of a remote computing service shall release the copy to the  request-
    19  ing  authorized police officer not earlier than the fourteenth day after
    20  the date of the police officer's notice to the subscriber or customer if
    21  the provider has not:
    22    (a) initiated proceedings to challenge the request of the police offi-
    23  cer for the copy; or
    24    (b) received notice from the subscriber or customer that the subscrib-
    25  er or customer has initiated proceedings to challenge the request.
    26    5. The provider of an electronic communications service or the provid-
    27  er of  a  remote  computing  service  may  not  destroy  or  permit  the
    28  destruction of the copy until the electronic customer data or electronic
    29  location  information  has been delivered to the applicable law enforce-
    30  ment agency or until the resolution of any court proceedings,  including
    31  appeals  of  any  proceedings,  relating  to the subpoena or court order
    32  requesting the creation of the copy, whichever occurs last.
    33    6. An authorized police officer who reasonably believes that notifica-
    34  tion to the subscriber or customer of the subpoena or court order  would
    35  result  in the destruction of or tampering with electronic customer data
    36  or electronic location information sought may request the creation of  a
    37  copy  of  the  data. The police officer's belief is not subject to chal-
    38  lenge by the subscriber or customer or by a provider  of  an  electronic
    39  communications service or a provider of a remote computing service.
    40    7. (a) A subscriber or customer who receives notification as described
    41  in  subdivision three of this section may file a written motion to quash
    42  the subpoena or vacate the court order in  the  court  that  issued  the
    43  subpoena or court order not later than the fourteenth day after the date
    44  of  the  receipt  of the notice. The motion must contain an affidavit or
    45  sworn statement stating:
    46    (i) that the applicant is a subscriber or customer of the provider  of
    47  an electronic communications service or the provider of a remote comput-
    48  ing  service  from  which  the  electronic  customer  data or electronic
    49  location information held in electronic storage for  the  subscriber  or
    50  customer has been sought; and
    51    (ii)  the  applicant's reasons for believing that the customer data or
    52  electronic location information sought is not relevant to  a  legitimate
    53  law  enforcement  inquiry or that there has not been substantial compli-
    54  ance with the provisions of this article in some other respect.
    55    (b) The subscriber or  customer  shall  give  written  notice  to  the
    56  provider  of  an  electronic communications service or the provider of a

        A. 2313                             7
 
     1  remote computing service of the  challenge  to  the  subpoena  or  court
     2  order.  The  authorized  police officer requesting the subpoena or court
     3  order must be served a copy of the papers filed by personal delivery  or
     4  by registered or certified mail.
     5    8.  (a)  The court shall order the authorized police officer to file a
     6  sworn response to the motion filed by the subscriber or customer if  the
     7  court  determines  that the subscriber or customer has complied with the
     8  requirements of subdivision seven of this section.  On  request  of  the
     9  police officer, the court may permit the response to be filed in camera.
    10  The  court  may  conduct  any additional proceedings the court considers
    11  appropriate if the court is unable to make a determination on the motion
    12  on the basis of the parties' initial allegations and response.
    13    (b) The court shall rule on the motion as soon after the filing of the
    14  officer's response as practicable. The court shall deny  the  motion  if
    15  the  court  finds  that  the applicant is not the subscriber or customer
    16  whose electronic customer data or electronic location  information  held
    17  in  electronic  storage is the subject of the subpoena or court order or
    18  that there is reason to believe that the  police  officer's  inquiry  is
    19  legitimate  and  that  the  customer  data  sought  is  relevant to that
    20  inquiry. The court shall quash the subpoena or vacate the order  if  the
    21  court  finds that the applicant is the subscriber or customer whose data
    22  is the subject of the subpoena or court order and that there  is  not  a
    23  reason to believe that the data is relevant to a legitimate law enforce-
    24  ment  inquiry or that there has not been substantial compliance with the
    25  provisions of this article.
    26    (c) A court order denying a motion or application under  this  section
    27  is  not  a final order and no interlocutory appeal may be taken from the
    28  denial.
    29    § 8. The criminal procedure law is amended by  adding  a  new  section
    30  690.80 to read as follows:
    31  § 690.80 Search warrants; preclusion of notification for stored customer
    32             data, communications or electronic location information.
    33    1.  An  authorized  police officer seeking electronic customer data or
    34  electronic location information may apply to  the  court  for  an  order
    35  commanding  the  service  provider to whom a warrant, subpoena, or court
    36  order is directed not to disclose to any person  the  existence  of  the
    37  warrant, subpoena, or court order. The order is effective for the period
    38  the  court considers appropriate. The court shall enter the order if the
    39  court determines that there is reason to believe  that  notification  of
    40  the  existence  of  the  warrant,  subpoena, or court order will have an
    41  adverse result.
    42    2. In this section, an "adverse result" means:
    43    (a) endangering the life or physical safety of an individual;
    44    (b) flight from prosecution;
    45    (c) destruction of or tampering with evidence;
    46    (d) intimidation of a potential witness; or
    47    (e) otherwise seriously jeopardizing an investigation or unduly delay-
    48  ing a trial.
    49    § 9. The criminal procedure law is amended by  adding  a  new  section
    50  690.85 to read as follows:
    51  § 690.85 Search  warrants;  reimbursement  of  costs for stored customer
    52             data, communications or electronic location information.
    53    1. Except as provided by subdivision three of this section, an author-
    54  ized police officer who obtains information  under  this  article  shall
    55  reimburse  the  person  assembling  or providing the information for all
    56  costs that are reasonably necessary and that have been directly incurred

        A. 2313                             8

     1  in searching for, assembling, reproducing, or  otherwise  providing  the
     2  information. These costs include costs arising from necessary disruption
     3  of  normal  operations of an electronic communications service or remote
     4  computing service in which the information may be stored.
     5    2. The authorized police officer and the person providing the informa-
     6  tion may agree on the amount of reimbursement. If there is no agreement,
     7  the  court that issued the order for production of the information shall
     8  determine the amount.  If no court order was issued  for  production  of
     9  the  information, the court before which the criminal prosecution relat-
    10  ing to the information would be brought shall determine the amount.
    11    3. Subdivision one of this section does not apply to records or  other
    12  information maintained by a communications common carrier that relate to
    13  telephone toll records or telephone listings unless the court determines
    14  that the amount of information required was unusually voluminous or that
    15  an undue burden was imposed on the provider.
    16    §  10.  The  criminal procedure law is amended by adding a new section
    17  690.90 to read as follows:
    18  § 690.90 Search warrants; stored customer data, communications or  elec-
    19             tronic location information; no cause of action.
    20    A subscriber or customer of a provider of an electronic communications
    21  service  or  a  provider  of  a remote computing service does not have a
    22  cause of action against a provider or its officers, employees, or agents
    23  or against other specified persons for  providing  information,  facili-
    24  ties,  or assistance as required by a court order, warrant, subpoena, or
    25  certification under this article.
    26    § 11. The criminal procedure law is amended by adding  a  new  section
    27  690.95 to read as follows:
    28  § 690.95 Search  warrants; stored customer data, communications or elec-
    29             tronic location information; cause of action.
    30    Except as provided by section 690.90 of this article, a provider of an
    31  electronic communications service or a provider of  a  remote  computing
    32  service, or a subscriber or customer of that provider, that is aggrieved
    33  by  a  violation  of  this  article  has  a civil cause of action if the
    34  conduct constituting the violation was  committed  knowingly  or  inten-
    35  tionally and is entitled to:
    36    1. injunctive relief;
    37    2.  a  reasonable attorney's fee and other litigation costs reasonably
    38  incurred; and
    39    3. the sum of the actual damages suffered and any profits made by  the
    40  violator as a result of the violation or one thousand dollars, whichever
    41  is more.
    42    §  12.   The criminal procedure law is amended by adding a new section
    43  690.96 to read as follows:
    44  § 690.96 Search warrants; annual report of warrants and orders.
    45    1. No later than January fifteenth of each  year,  a  provider  of  an
    46  electronic  communication  service  or  a provider of a remote computing
    47  service doing business in this state  shall  report  to  the  office  of
    48  public safety the following information for the preceding calendar year,
    49  disaggregated  by  each  law enforcement agency in this state making the
    50  applicable requests:
    51    (a) the number of requests made for pen register  or  trap  and  trace
    52  information;
    53    (b) the number of requests made for ESN reader information;
    54    (c) the number of requests made for location information;
    55    (d)   the   number  of  individuals  whose  location  information  was
    56  disclosed; and

        A. 2313                             9

     1    (e) the amount that each law enforcement  agency  was  billed  by  the
     2  communication  common  carrier  or electronic communications service for
     3  each request made under paragraph (a), (b) or (c) of this subdivision.
     4    2.  No  later than the thirtieth day after the date of expiration of a
     5  warrant or order issued under this article or  an  order  extending  the
     6  period of a warrant or order issued under this article, or no later than
     7  the  thirtieth  day after the date the court denies an application for a
     8  warrant or order under this article,  the  court  shall  submit  to  the
     9  office of public safety the following information, as applicable:
    10    (a)  the  receipt  of an application for a warrant or order under this
    11  article;
    12    (b) the type of warrant or order for which the application was made;
    13    (c) whether any application for an order  of  extension  was  granted,
    14  granted as modified by the court, or denied;
    15    (d)  the  period  of monitoring authorized by the warrant or order and
    16  the number and duration of any extensions of the warrant or order;
    17    (e) the offense under investigation, as specified in  the  application
    18  for the warrant or order or an extension of the warrant or order; and
    19    (f)  the law enforcement agency or prosecutor that submitted an appli-
    20  cation for the warrant or order or an extension of the warrant or order.
    21    3. No later than January fifteenth of each year, each prosecutor  that
    22  submits  an  application  for  a  warrant  or order or an extension of a
    23  warrant or order under this article shall submit to the office of public
    24  safety the following information for the preceding calendar year;
    25    (a) the information required to be submitted by a court  with  respect
    26  to each application submitted by the prosecutor for the warrant or order
    27  or an extension of the warrant or order;
    28    (b)  a general description of information collected under each warrant
    29  or order that was issued by the court, including the approximate  number
    30  of  individuals  for  whom  location information was intercepted and the
    31  approximate duration of the monitoring of the  location  information  of
    32  those individuals;
    33    (c)  the  number  of  arrests made as a result of information obtained
    34  under a warrant or order issued under this article;
    35    (d) the number of criminal trials commenced as a result of information
    36  obtained under a warrant or order issued under this article; and
    37    (e) the number of convictions obtained  as  a  result  of  information
    38  obtained under a warrant or order issued under this article.
    39    4.  Information  submitted  to  the office of public safety under this
    40  section is public information and subject to disclosure.
    41    5. No later than March first of each year, the office of public safety
    42  shall submit a report to the governor, the state attorney  general,  the
    43  speaker  of  the  assembly, and the chairs of the standing committees of
    44  the senate and assembly with primary jurisdiction over criminal justice.
    45  The report must contain the  following  information  for  the  preceding
    46  calendar year:
    47    (a)  an  assessment  of  the  extent  of tracking or monitoring by law
    48  enforcement agencies of pen register, trap and trace,  ESN  reader,  and
    49  location information;
    50    (b)  a  comparison  of  the  ratio  of  the number of applications for
    51  warrants or orders made under this article to the number of arrests  and
    52  convictions resulting from information obtained under a warrant or order
    53  issued under this article;
    54    (c)  identification  of  the  types  of  offenses investigated under a
    55  warrant or order issued under this article; and

        A. 2313                            10
 
     1    (d) with respect to both state and local jurisdictions, an estimate of
     2  the total cost of conducting investigations under  a  warrant  or  order
     3  issued under this article.
     4    §  13.  The  criminal procedure law is amended by adding a new section
     5  690.97 to read as follows:
     6  § 690.97 Search warrants; stored customer data, communications and elec-
     7             tronic location information and use in a court of law.
     8    Stored customer data, communications and electronic location  informa-
     9  tion  obtained  without  any  form  of legal process and not pursuant to
    10  section 690.60 of this article shall be inadmissible in a court of law.
    11    § 14. This act shall take effect immediately.
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