Expands the definition of "electronic communication".
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."
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:
This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 6413 IN SENATE January 22, 2014 ___________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 ASSEM- BLY, 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 move- ment 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. S 2. This act shall take effect on the first of November next succeed- ing 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. LBD11688-01-3