What's happening
This bill expands the definition of "electronic communication" in New York penal law to include data about time, duration, and location.
Why it matters
Expanding the definition of "electronic communication" to include time, duration, and location data means that law enforcement or courts could treat metadata (such as when and where a message was sent) with the same legal weight as the contents of the communication itself. This could affect both how evidence is gathered and what privacy protections apply.
Including metadata in the legal definition broadens the scope of what is protected or regulated under New York’s wiretapping and surveillance laws. This could impact investigations, prosecutions, and individuals’ rights by making it clearer when authorities need warrants or court orders to access such information.
The amendment addresses technological changes, ensuring that the law keeps pace with how digital communications are used and tracked today. As more personal information is embedded in metadata, this change acknowledges its importance and potential for privacy invasion.
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Who cares
Headline styles
Broaden Electronic Communication Definition
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4198
2017-2018 Regular Sessions
IN SENATE
February 6, 2017
Introduced by Sen. DILAN -- read twice and ordered printed, and when printed to be committed 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.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to expanding the definition of "electronic communication"
Purpose or general idea of bill
This bill seeks to broaden the definition of "electronic communication" (within the existing penal law) by incorporating "meta date or data regarding the time, duration, and location of any such signs, signals, writing, images, or sounds.
Summary of specific provisions
Section 5 defines "electronic communications."
Justification
With the advent of metadata becoming a more prominent way to access and track citizens' electronic activity there needs to be regulatory measures implemented to prevent criminal justice agencies from having unfettered access to this form of information without appropriate safeguards in place.
Prior legislative history
2013-2014 S.6413/A.8215: Referred to codes 2015-2016 S.1855/A.4329: Referred to codes
Fiscal implications
None.
Effective date
This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.