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NY S05923
Bill
Status
3/4/2025
Primary Sponsor
Cordell Cleare
Click for details
AI Summary
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Prohibits law enforcement officers (police, peace officers, school resource officers, prosecutors) from creating or using fake accounts on electronic communication services with false identifying information such as fake names, occupations, or pictures
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Bars government entities from requesting, demanding, or coercing individuals to provide their account credentials, including usernames, passwords, and biometric identifiers
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Prevents government entities from circumventing these restrictions by requesting federal agencies, other states, or non-government entities to obtain information through fake accounts on their behalf
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Requires courts to suppress and exclude any evidence obtained through fake accounts or illegally obtained account credentials, with no exceptions for inevitable discovery or independent source doctrines
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Creates a private right of action allowing affected individuals to sue for $10,000 per violation or actual damages (whichever is greater), punitive damages, injunctive relief, and attorneys' fees
Legislative Description
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.
Last Action
REFERRED TO CODES
1/7/2026