Assembly approves access for credentialed journalists and emergency services to encrypted law‑enforcement radio communications

The Assembly on Thursday passed legislation requiring New York law‑enforcement agencies that encrypt radio communications to provide real‑time access to nonsensitive transmissions to credentialed journalists and emergency‑services organizations, and to implement a credentialing process through the Department of State.

What the bill would do

Sponsor Miss Reyes said the bill "does not prohibit encryption, but rather establishes a mechanism to ensure that essential parties can continue to receive real time public safety information without compromising investigations or individual privacy." The measure adds a new section to the Executive Law requiring agencies that encrypt radios to provide access to emergency services organizations and to "professional journalists" as defined in Civil Rights Law §79‑h.

Points of debate

Supporters argued credentialed journalists and volunteer emergency responders need real‑time access for public safety and situational awareness, citing past incidents where encrypted communications limited reporting during mass shootings and wildfires. "During the Buffalo mass shooting in 2022, local journalists lost access to communications there, and weren't able to report in real time," Reyes said.

Opponents said real‑time access without any delay could endanger investigations and public safety, and they proposed a short buffer. "By not having a delay, we will be setting [law enforcement] up for failure," Representative Riley said, describing armed offenders who monitor public channels. Several law‑enforcement representatives and members argued that immediate reporting can lead to public panic or interfere with operations and urged a short delay (10–15 minutes) to allow command posts to establish operations and avoid putting civilians or officers at risk.

Credentialing and operational issues

The bill directs the Department of State (DOS) to promulgate credentials for journalists, a step Reyes described as using an existing DOS process that already recognizes professional journalists and issues credentials. Several members pressed how dos credentialing would be tied to access, how encrypted systems and trunked radio systems would be handled, and whether agencies would need to purchase equipment to provide access. Reyes said enforcement provisions and detailed operations would be set in DOS regulations and that law enforcement would retain discretion to withhold "sensitive information."

Vote and outcome

The Assembly recorded a recorded vote and passed the bill after floor debate. The vote was recorded in the transcript as "Ayes 89; Noes 55" in floor announcements. The sponsor said DOS will promulgate rules for credentialing and that law‑enforcement agencies are responsible for providing access to credentialed users. Opponents urged a statutory buffer delay and raised concerns about oversight and penalties.

Where it goes next

The bill requires DOS rulemaking and creates a process for credential issuance; implementation details and whether municipalities need funding for equipment upgrades were left to further rulemaking and agency coordination.