Relates to criminal impersonation by electronic communication and emergency disclosure of caller-identification routing information
Summary
This bill creates new crimes for “criminal electronic impersonation” and “aggravated criminal electronic impersonation.” A person would commit the base offense by knowingly falsifying or manipulating caller ID information, electronic communication routing, or internet-based calling services with intent to defraud, extort, harass, create fear, or interfere with a police or emergency investigation. The base offense would be a class A misdemeanor. The bill also creates an aggravated version, a class E felony, when the conduct occurs during a missing person, kidnapping, or extortion incident; impersonates a victim, family member, or law enforcement officer; or causes diversion of emergency resources or a risk of physical injury.
Impact
The bill would amend the Penal Law by adding two new offenses and would amend the General Business Law to impose emergency disclosure obligations on voice-over-internet, call-routing, and electronic communication services doing business in New York. Those providers would have to maintain a 24-hour law enforcement contact, preserve routing and originating connection records sufficient to identify an originating user or device in exigent cases, and provide those records to law enforcement under emergency disclosure standards. The bill also includes a federal-preemption safeguard stating it should not be construed to regulate telecommunications transmission standards or conflict with federal authority, and it would take effect 180 days after enactment.
Sentiment
The available context suggests the bill is framed as a public-safety and law-enforcement tool, aimed at preventing spoofing, impersonation, and interference with emergency investigations. Because there are no recorded votes or committee transcript excerpts, there is no documented opposition or support in the provided materials, but the structure of the bill indicates a generally enforcement-oriented approach.
Contention
The main potential points of contention are the scope of the new criminal offenses and the obligations placed on internet-based calling and routing providers. Privacy and civil-liberties concerns could arise from record-retention and disclosure requirements, while telecommunications and internet-service providers may scrutinize the feasibility and cost of maintaining 24-hour emergency contacts and records. The bill’s explicit disclaimer about not conflicting with federal authority suggests awareness of possible preemption or regulatory-overreach concerns.
Creates the New York electronic communications privacy act; requires government agents and agencies to obtain a search warrant for physical or electronic access to electronic device information.
Requires that any law enforcement agency in the state that encrypts any portion of its radio communications shall ensure that all of its radio communications, with the exception of sensitive information, may be monitored in real time by professional journalists, newscasters, and individuals employed by emergency services organizations.
Provides that a business entity may not provide false caller identification information with the intent to defraud or harass any party; provides definition of business entity.
In general provisions, further providing for definitions; and, in licensing of drivers, further providing for issuance and content of driver's license and for carrying and exhibiting driver's license on demand.
In general provisions, further providing for definitions; and, in licensing of drivers, further providing for issuance and content of driver's license and for carrying and exhibiting driver's license on demand.