N.Y. Senate passes S.I. pol’s bill to protect from technology-assisted stalking

STATEN ISLAND, N.Y. — The New York State Senate has passed a bill redefining the term “following” to include unauthorized use of tracking devices to constitute the crime of stalking in the fourth degree.

The bill, S5505, sponsored by state Sen. Jessica Scarcella-Spanton (D-North Shore/South Brooklyn), redefines the crime to include the use of select devices or computers to gain unauthorized access to, record, track, or report the movement or location of individuals or their property.

In a release, Scarcella-Spanton’s office highlighted the rapid development of technology and the failure of laws to keep pace with the development of stalking methods. Notably, the release identifies Apple AirTags and Find My Phone as tools that can be utilized to track an individual’s location without consent.

“As technology continues to advance faster than ever, our laws here must evolve to protect New Yorkers from the various ways stalkers can access their location,” Scarcella-Spanton said. “Location sharing, which was created to help promote safety, is now being exploited for nefarious purposes, and it’s so important that we update our laws to address these new threats. This legislation is a crucial step in keeping my constituents safe and protecting their privacy.”

In particular, the bill expands the term “following” to include unauthorized use of devices to track someone’s movements without consent.

While the bill has passed the state Senate, it must also pass through the Assembly before reaching the desk of Gov. Kathy Hochul.

Aside from serving as a state senator, Scarcella-Spanton also acts as chair of the Veterans, Homeland Security, and Military Affairs Committee.