Bill > S00404

This bill prohibits law enforcement and government entities from conducting "reverse location" and "reverse keyword" searches, which are investigative techniques that broadly collect digital data about groups of people without individualized suspicion of criminal activity. Specifically, the bill prevents courts from issuing warrants and government agencies from seeking or obtaining location data that tracks electronic devices in a specific geographic area or keyword search data that identifies people who have searched particular terms or visited certain websites. The legislation defines these searches as either court-ordered or voluntary requests that aim to identify unnamed individuals based on their digital footprint. If evidence is obtained through such searches, defendants can have it suppressed in court, and individuals whose information was improperly collected can sue the government entity for damages, with potential penalties of $1,000 per violation or actual damages, punitive damages, and mandatory attorney's fees. The bill includes a severability clause to ensure that if any part of the law is found invalid, the rest remains in effect, and it explicitly excludes physical searches of lawfully seized electronic devices from these restrictions. The law would take effect immediately upon passage and applies to all government entities within New York State.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/S404