§ 394-F — Warrants for reproductive health related electronic data

§ 394-f. Warrants for reproductive health related electronic data. 1.\nFor the purposes of this section, the following terms shall have the\nfollowing meanings:\n a. "Electronic communication" means any transfer of signs, signals,\nwriting, images, sounds, data, or intelligence of any nature transmitted\nin whole or in part by a wire, radio, electromagnetic, photoelectronic\nor photo-optical system; provided, however, such term shall not include:\n i. any telephonic or telegraphic communication.\n ii. any communication made through a tone only paging device.\n iii. any communication made through a tracking device consisting of an\nelectronic or mechanical device which permits the tracking of the\nmovement of a person or object.\n iv. any communication that is disseminated by the sender through a\nmethod of transmission that is configured so that such communication is\nreadily accessible to the public.\n b. "Electronic communication services" means any service which\nprovides to users thereof the ability to send or receive wire or\nelectronic communications.\n c. "Prohibited violation" means any civil or criminal offense defined\nunder the laws of another state that creates civil or criminal liability\nor any theory of vicarious, joint, several or conspiracy liability for,\nin whole or in part based on or arising out of, either of the following,\nunless such out-of-state proceeding i. sounds in tort or contract; ii.\nis actionable, in an equivalent or similar manner, under the laws of\nthis state; or iii. was brought by the patient who received reproductive\nhealth care, or the patient's legal representative:\n (1) providing, facilitating, or obtaining reproductive health care\nservices that are lawful under New York law; or\n (2) intending or attempting to provide, facilitate, or obtain\nreproductive health care services that are lawful under New York law.\n d. "Reproductive health care services" means any services related to\nthe performance or aiding within the performance of an abortion\nperformed within this state that is performed in accordance with the\napplicable law of this state, ending, seeking to end, or aiding another\nin ending their pregnancy within this state, or procuring or aiding in\nthe procurement of an abortion within this state.\n 2. Any person or entity that is headquartered or incorporated in New\nYork that provides electronic communications services to the general\npublic, when, in New York, served with a warrant issued by another state\nto produce records in New York that would reveal the identity of the\ncustomers using those services, data stored by or on behalf of the\ncustomers, the customers' usage of those services, the recipient or\ndestination of communications sent to or from those customers, or the\ncontent of those communications, shall not produce those records when\nthe corporation knows that the warrant relates to an investigation into,\nor enforcement of, a prohibited violation.\n 3. Any person or entity that is headquartered or incorporated in New\nYork may comply with a warrant as described in subdivision two of this\nsection if the warrant is accompanied by an attestation made by the\nentity seeking the records that the evidence sought is not related to an\ninvestigation into, or enforcement of, a prohibited violation.\n 4. The attorney general may commence a civil action to compel any\ncorporation headquartered or incorporated in New York that provides\nelectronic communications services or remote computing services to the\ngeneral public to comply with the provisions of this section.\n