New York Bill to Ban Geofence and Keyword Warrants Gains Momentum

New York Bill Seeks to Limit Law Enforcement Data Access

A proposed New York state law aiming to restrict state law enforcement’s ability to acquire private user data from technology companies via controversial search warrants is being revisited. This legislation was initially presented two years ago.

Bill Reintroduction and Current Status

The Reverse Location Search Prohibition Act was reintroduced in both the New York Assembly and Senate last year by a coalition of Democratic legislators, following its previous failure to achieve passage. Recently, the bill was sent to committee for review, representing a crucial initial step before potential consideration for a vote on the floor.

First-of-its-Kind Legislation

If enacted, this law would establish the first state-level prohibition in the United States against the utilization of geofence warrants and keyword search warrants. These warrant types depend on requesting technology firms to disclose data pertaining to users who were geographically near a crime scene or conducted specific searches around a particular time.

Geofence Warrants Explained

Geofence warrants, sometimes referred to as “reverse location” warrants, involve law enforcement seeking a judicial order compelling Google to provide records identifying phones present within a defined geographical area during the timeframe of a crime. This assists in identifying potential suspects.

This practice is largely centered around Google, due to its extensive collection and storage of location data derived from users’ phones and applications. Google’s location data is integral to its advertising business, generating nearly $150 billion in revenue last year.

Keyword Search Warrants and Data Collection

A comparable procedure applies to Google searches. Law enforcement can obtain a warrant to request Google to reveal individuals who searched for specific keywords during a designated period. This practice isn’t exclusive to Google; Microsoft and Yahoo (the parent company of TechCrunch) have also been subject to similar data requests.

Concerns Regarding Privacy and Constitutional Rights

Internet rights organizations, such as the Electronic Frontier Foundation and the ACLU, have characterized the use of these warrants as “fishing expeditions.” They argue that these warrants are unconstitutionally broad and intrusive, inevitably collecting data from innocent individuals with no involvement in the crime.

Real-World Examples of Warrant Use

Reports from TechCrunch, NBC News, and The Guardian have highlighted instances where innocent people were implicitly accused of criminal activity simply for being in the vicinity of a crime scene. For example, Minneapolis police utilized a geofence warrant to identify protestors linked to unrest following the death of George Floyd in 2020.

Growth in Geofence Warrant Requests

Data released by Google indicates that geofence warrants constitute approximately 25% of all U.S. legal requests it receives. The number of geofence warrants processed by Google surged from fewer than a thousand in 2018 to over 11,500 in 2020, coinciding with increased awareness among law enforcement of Google’s data resources.

New York's Role in Geofence Warrant Activity

New York state accounts for roughly 2-3% of all geofence warrants issued nationwide, representing hundreds of warrants in total.

Legislator's Statement on the Bill

New York State Senator Zellnor Myrie, representing central Brooklyn and sponsoring the Senate bill, stated to TechCrunch: “In densely populated urban areas like those I represent in Brooklyn, numerous innocent individuals who simply reside or pass near a crime scene could be implicated by a geofence warrant, leading to the disclosure of their private location data. Keyword search warrants would similarly identify users based on their search history.”

He further emphasized that the bill aims to prohibit these warrant types and safeguard the privacy of New York residents.