What's happening
This bill expands the definition of "electronic communication" in New York's penal law to include data about time, duration, and location.
Why it matters
Broadens legal protections for metadata. By including data about the time, duration, and location of electronic communications, the law would now cover not just message content but also metadata, which can reveal sensitive patterns about individuals’ movements and habits.
Impacts law enforcement and privacy. Expanding the definition means that law enforcement agencies may face more restrictions or requirements (such as warrants) when seeking access to communication-related metadata, not just the content itself.
Reflects technological realities. As modern digital communications generate vast amounts of metadata, this update acknowledges the importance and sensitivity of such information, aligning the law more closely with how digital surveillance and privacy concerns have evolved.
Potentially affects legal proceedings. The change could influence how courts interpret electronic surveillance and evidence, possibly limiting the ability to use certain metadata in prosecutions without proper legal process.
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Who cares
Headline styles
Broaden Electronic Communication Definition
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
1 Multi-sponsor
History
- Enacting clause stricken
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Broaden Electronic Communication Definition
In Senate Committee · Codes · Sponsor Martin Malavé Dilan
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2429
2017-2018 Regular Sessions
IN ASSEMBLY
January 20, 2017
Introduced by M. of A. SEPULVEDA, GOTTFRIED, GRAF, CRESPO -- Multi-Sponsored by -- M. of A. RIVERA -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to expanding the definition of "electronic communication"
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 5 of section 250.00 of the penal law, as amended by chapter 744 of the laws of 1988, is amended to read as follows:
5. "Electronic communication" means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature, including data regarding the time, duration and location of any such signs, signals, writing, images or sounds, transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic or photo-optical system, but does not include:
(a) any telephonic or telegraphic communication; or
(b) any communication made through a tone only paging device; or
(c) 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; or
(d) 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 general public.
§ 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07632-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.