New York Assembly Bill A02461

New York 2025-2026 Regular Session

• Introduced: 1/17/25
• Refer: 1/17/25
• Refer: 1/7/26

Caption

Prohibits the use of cell-site simulators by law enforcement officers; provides a right of action for violations of such prohibition.

Summary

This bill would amend the New York Civil Rights Law to create a new article, “Privilege from Surveillance,” prohibiting law enforcement agencies and officers from obtaining, possessing, accessing, selling, or using cell-site simulators and other “prohibited surveillance technologies,” as well as information derived from them. Cell-site simulators are defined as devices that mimic cellular base stations in order to identify, locate, or intercept communications from cellular devices. The bill also bars law enforcement from entering agreements with third parties to obtain or use such technology, or authorizing others to do so on their behalf. The bill further provides that information obtained in violation of the article may not be used in any adjudicative proceeding in New York, except to prove a violation of the new law itself. It creates enforcement mechanisms through the Division of Human Rights and private lawsuits, allowing affected individuals to seek injunctions, actual damages or statutory damages of $5,000 per violation per complainant, punitive damages for willful pattern-and-practice violations, and attorneys’ fees. The bill is effective immediately if enacted.

Impact

If enacted, this bill would add a new privacy and surveillance restriction to New York civil rights law and would directly limit law enforcement use of cell-site simulators and similar surveillance tools. It would also create an exclusionary rule for evidence obtained in violation of the article, plus a private right of action and administrative enforcement authority, exposing agencies to injunctions, damages, and fee awards. The measure would affect police departments, other law enforcement agencies, and any third parties working with them on surveillance technology.

Sentiment

The available record does not include committee transcripts or recorded votes, so there is no documented floor or committee sentiment to summarize. Based on the bill’s sponsors and structure, the measure appears to reflect a privacy- and civil-liberties-oriented approach to limiting covert surveillance by law enforcement. The absence of opposition statements or vote data means support or resistance cannot be assessed from the provided materials.

Contention

The main point of contention inherent in the bill is the balance between privacy rights and law enforcement investigative tools. Supporters would likely view cell-site simulators as intrusive surveillance that can capture location and communication data without adequate safeguards, while critics may argue that a categorical ban could hinder criminal investigations and public safety operations. Another likely point of debate is the bill’s strong enforcement scheme, including suppression of unlawfully obtained information, statutory damages, punitive damages, and attorneys’ fees, which could be seen as either necessary deterrence or overly punitive toward agencies.