New York 2025-2026 Regular Session

New York Senate Bill S05923

Introduced
3/4/25  
Refer
3/4/25  

Caption

Prohibits police and other governmental entities from creating fake electronic communication service accounts, or from collecting or using an individual's account information; establishes a private right of action for a violation of such provisions.

Summary

Bill S05923, known as the 'Stop Online Police Fake Accounts and Keep Everyone Safe Act', aims to amend the criminal procedure law in New York by prohibiting law enforcement officers and government entities from creating fake electronic communication service accounts. It also restricts the collection and use of individuals' account information by these entities. The bill establishes clear definitions for terms such as 'fake account', 'account information', and 'electronic communication', and outlines the legal framework for enforcement, including provisions for evidence suppression and civil action for violations.

Impact

If enacted, this bill will significantly impact the practices of law enforcement and government entities in New York regarding digital privacy and communication. It will create a legal barrier against deceptive practices such as the creation of fake accounts for investigative purposes, thereby enhancing the privacy rights of individuals. Additionally, it will allow individuals to seek civil remedies if their account information is accessed or used unlawfully, which may lead to increased accountability for government entities.

Sentiment

The sentiment surrounding Bill S05923 appears to be supportive among advocates for digital privacy and civil liberties, as it addresses concerns about government overreach and the misuse of technology by law enforcement. However, there may be opposition from law enforcement agencies who argue that such measures could hinder their ability to conduct investigations effectively.

Contention

Notable points of contention include the balance between law enforcement's need for effective investigative tools and the protection of individual privacy rights. Proponents of the bill emphasize the importance of safeguarding personal information and preventing abuse of power, while opponents may argue that restricting the use of fake accounts could limit law enforcement's capabilities in certain investigations.

Companion Bills

NY A01083

Same As Prohibits police and other governmental entities from creating fake electronic communication service accounts, or from collecting or using an individual's account information; establishes a private right of action for a violation of such provisions.

Previously Filed As

NY S01764

Prohibits police and other governmental entities from creating fake electronic communication service accounts, or from collecting or using an individual's account information; establishes a private right of action for a violation of such provisions.

NY A01083

Prohibits police and other governmental entities from creating fake electronic communication service accounts, or from collecting or using an individual's account information; establishes a private right of action for a violation of such provisions.

NY HB235

Social media, individuals under 16 years of age prohibited from creating accounts, age verification required, penalties for violations established

NY HB1624

Prohibiting certain covered entities and service providers from collecting and processing location information of individuals without consent; providing for enforcement by Attorney General; establishing a private right of action; and prescribing penalties.

NY A08729

Prohibits the collection or processing of an individual's location information except for a permissible purpose; requires an entity collecting location information for the provision of multiple permissible purpose to maintain a location privacy policy obtain consent from the individual the information pertains to; prohibits the disclosure or sale of such information except for certain purposes; provides remedies for violations.

NY HB4899

Relating to private rights of action arising from certain solicitation-related communications.

NY HB641

Establishing a private right of action for civil rights violations.

NY A08917

Prohibits employers from using workplace surveillance tools to surveil employees in private, off-duty areas or a worker's residence, vehicle or property; defines terms; establishes penalties for violations of such provisions.

NY SB00251

An Act Concerning The Auditors Of Public Accounts, Audits Of Private Entities And Performance And Accountability Standards For State And Quasi-public Agencies.

NY SB2881

Relating to the access and communications settings for accounts of minor users of digital services.

Similar Bills

PA HB1970

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.

CA AB1800

Portable electronics and optical products insurance.

TX SB1531

Relating to the electronic payment of ad valorem taxes; authorizing a fee.

PA SB861

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.

NJ S1336

The "Uniform Electronic Wills Act"; authorizes electronic wills.

NJ A3229

The "Uniform Electronic Wills Act"; authorizes electronic wills.

MD SB842

Electronic Smoking Devices - Seizure and Wholesaler Record-Keeping Requirements

NV AB18

Revises provisions relating to the electronic filing of certain documents. (BDR 5-469)