Bill > A01083

This bill, known as the "Stop Fakes Act", prohibits law enforcement officers and government entities from creating or using fake electronic communication service accounts, and from collecting or coercing individuals to provide their account information. The legislation defines key terms such as "fake account" (an account with false identifying information), "electronic communication service" (a platform enabling electronic communication), and "account information" (login credentials and identifiers). The bill establishes that law enforcement cannot create or use fake accounts for any purpose, including communicating with or accessing information from users. Additionally, the law prevents government entities from seeking third-party assistance in obtaining information via fake accounts if they would be directly prohibited from doing so. If evidence is obtained through violations of these provisions, it can be suppressed in court. The bill also provides a private right of action, allowing individuals whose account information was improperly accessed to sue for up to $10,000 per violation, actual damages, punitive damages, and attorneys' fees. When assessing punitive damages, courts will consider factors like the number of people affected and whether sensitive accounts (such as those of religious organizations or medical facilities) were targeted. The act is designed to protect individuals' privacy and prevent unauthorized surveillance by law enforcement agencies.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/A1083