2023 New York Laws › GBS - General Business › Article 26 - Miscellaneous › 394-F - Warrants for Reproductive Health Related Electronic Data.

§  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.