A2565 establishes the New York Electronic Communications Privacy Act (NYECPA). It mandates that government agents must obtain a search warrant before accessing electronic device data—whether searching devices physically or accessing communications electronically. Warrants must be specific and, except in emergencies, must provide notice to the individual. Government agencies are required to report annually to the Attorney General on these actions and face enforcement measures for noncompliance.
The New York State Assembly passed A2565 on March 26, 2025 by a vote of 93 to 56. We have assigned pluses to the ayes because this bill affirms the Ninth Amendment's recognition of unenumerated natural rights—including the right to privacy—and upholds the Fourth Amendment's guarantee "to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." By requiring warrants based on probable cause, oath or affirmation, and particular description, A2565 reinforces protections that the Founders viewed as essential to liberty. Additionally, it also pushes back against the dangerous precedent set by the federal Patriot Act, which eroded these safeguards by expanding surveillance powers, lowering standards of proof, authorizing secret FISA court warrants, and permitting "sneak and peek" searches without timely notice to individuals.
