N.Y.
General Business Law Section 394-F
Warrants for reproductive health related electronic data
1.
For the purposes of this section, the following terms shall have the following meanings:a.
“Electronic communication” means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic or photo-optical system; provided, however, such term shall not include:i.
any telephonic or telegraphic communication. ii. any communication made through a tone only paging device. iii. 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. iv. 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 public.b.
“Electronic communication services” means any service which provides to users thereof the ability to send or receive wire or electronic communications.c.
“Prohibited violation” means any civil or criminal offense defined under the laws of another state that creates civil or criminal liability or any theory of vicarious, joint, several or conspiracy liability for, in whole or in part based on or arising out of, either of the following, unless such out-of-state proceeding i. sounds in tort or contract; ii. is actionable, in an equivalent or similar manner, under the laws of this state; or iii. was brought by the patient who received reproductive health care, or the patient’s legal representative:(1)
providing, facilitating, or obtaining reproductive health care services that are lawful under New York law; or(2)
intending or attempting to provide, facilitate, or obtain reproductive health care services that are lawful under New York law.d.
“Reproductive health care services” means any services related to the performance or aiding within the performance of an abortion performed within this state that is performed in accordance with the applicable law of this state, ending, seeking to end, or aiding another in ending their pregnancy within this state, or procuring or aiding in the procurement of an abortion within this state.2.
Any person or entity that is headquartered or incorporated in New York that provides electronic communications services to the general public, when, in New York, served with a warrant issued by another state to produce records in New York that would reveal the identity of the customers using those services, data stored by or on behalf of the customers, the customers’ usage of those services, the recipient or destination of communications sent to or from those customers, or the content of those communications, shall not produce those records when the corporation knows that the warrant relates to an investigation into, or enforcement of, a prohibited violation.3.
Any person or entity that is headquartered or incorporated in New York may comply with a warrant as described in subdivision two of this section if the warrant is accompanied by an attestation made by the entity seeking the records that the evidence sought is not related to an investigation into, or enforcement of, a prohibited violation.4.
The attorney general may commence a civil action to compel any corporation headquartered or incorporated in New York that provides electronic communications services or remote computing services to the general public to comply with the provisions of this section.
Source:
Section 394-F — Warrants for reproductive health related electronic data, https://www.nysenate.gov/legislation/laws/GBS/394-F (updated Jul. 7, 2023; accessed Oct. 26, 2024).
