Relates to orders authorizing mobile phone surveillance devices or systems

BILL NUMBER:S4914A

Title of bill

An act to amend the criminal procedure law, in relation to orders authorizing mobile phone surveillance devices or systems

Summary of specific provisions

Section 1 amends the heading of Article 705 of the Criminal Procedure Law (CPL).

Section 2 adds a new subdivision 7 to CPL section 705 to define mobile phone surveillance device or system.

Section 3 amends CPL section 705.05 to expand the provisions currently applicable to pen registers and trap and trace judicial authorizations to mobile phone surveillance devices and systems.

Section 4 amends CPL section 705.10 to extend the current provisions relating to orders authorizing pen registers and trap and trace devices to mobile phone surveillance devices or systems.

Section 5 amends CP section 705.15 to extend the provisions relating to an order authorizing the use of pen registers or trap and trace devices to mobile phone surveillance devices or systems.

Section 6 amends CPL section 705.20 to extend the requirements for issuing an order authorizing pen register of trap and trace devices to mobile phone surveillance devices or systems.

Section 7 amends CPL section 705.25 to make the period of time restrictions for an order authorizing a pen register or trap and trace device to orders authorizing a mobile phone surveillance device or system.

Section 8 amends CPL section 705.30 relating for nondisclosure of the existence of a pen register or trap and trace device to a mobile phone surveillance device or system.

Section 9 provides that this act shall take effect on the ninetieth day after it shall have become law.

Justification

It has recently been disclosed that local law enforcement agencies have been using mobile phone surveillance devices, commonly known as "stingray devices" to track and investigate without the benefit of a court order authorizing this serious invasion of privacy.

These devices represent relatively new technology that was heretofore only being used by some federal agencies.

The intrusive capabilities of these devices, which can be as small as a suitcase, are impressive. They can track people's movements and intercept their cell phone calls and messages. As part of the process, they can jam mobile phone signals, and force phones to drop from more

secure 3g and 4g bands to less secure 2g bands. They are able to monitor and collect information from any mobile phones that may be within their broadcast area.

There are currently no laws in New York clearly regulating use of these devices. As a result, law enforcement agencies, who do not have clear guidance, have been using these devices without court oversight. This bill would expand the provisions currently in effect for pen registers and trap and trace devices to cover this new technology. The bill does not forbid law enforcement from using these devices, which can be a valuable tool, but rather gives clear guidance to law enforcement as to procedures to be followed, and allows judicial oversight to ensure that these tools are not used improperly.

Prior legislative history

New bill.

Fiscal implications

None

Effective date

This act shall take effect on the ninetieth day after it shall have become law.