NY State bill (S.416/A.3516) to allow journalists access to encrypted police radio communications

Radioman59

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In today's 10/28/25, Buffalo News Editorial Board,

New Yorkers are sick and tired of having information kept from them, especially by law enforcement.

Now there’s a new threat. Across the state, police departments are encrypting their radio systems, making it impossible for journalists – and by extension, the public – to have important real-time information about police communications. At moments of crisis – such as blizzards, mass emergencies, and major crimes – the public should not be kept in the dark, dependent, at best (or worst) on the social media rumor mill.

Fortunately, legislation has been passed that would guarantee credentialed journalists secure, real-time access to encrypted police radio communications. The bill (S.416/A.3516) was sponsored by Sen. Mike Gianaris and Assembly Member Karines Reyes and now awaits Gov. Kathy Hochul’s signature. She should sign it.

The News’ Editorial Board is indebted to Mickey H. Osterreicher, General Counsel for the National Press Photographers Association and Diane Kennedy, President of the New York News Publishers Association, for their detailed updates and advocacy on this issue.

In an email to the News, Osterreicher cited a recent example of such encryption obscuring a dangerous situation:

“Just last month, a shooting outside a Staten Island high school left the public unaware for hours because local police communications there are encrypted. Reporters at the Staten Island Advance only learned of the incident long after students and parents had already been affected – the kind of delay that undermines both safety and trust. “Kennedy also provided examples of the harm done by blocking or even delaying access to these communications. She described a situation in Chicago where police delayed feeds during a courthouse shooting, making it impossible for police to warn the public about a real danger. In this case, delaying had the same effect as denying.

Already, police departments that had instituted encryption procedures have reversed course, recognizing that the threat to transparency was too great. Palo Alto, California, has reversed its encryption policy, implementing privacy safeguards and restored access. There are many ways to control access and vet journalists – completely blocking these communication is not the way to safeguard them, because it opens a different portal to public danger.

As it is, the legislation that has passed both houses contains several provisions that make sure the information is responsibly treated. Journalists would only be able to receive communications, not transmit them or interfere with them. Access would be password-protected and monitored and, if the access is abused, it would be immediately terminated. Finally, truly sensitive communications would remain fully encrypted.

For nearly a century, journalists have been able to “listen in” on police radio, which has played an essential role in news gathering. Indeed, in the early days, these communications were purposefully left open to the public. Over time, journalists became the way that the public learned about important occurrences that could affect their safety.

This is no time to sacrifice that transparency. Already, the flow of information through social media is too often polluted by sensational rumor-mongering and pure fantasy. New Yorkers deserve to be kept informed by trained and vetted journalists who have access to the facts in real time.

Hochul should act swiftly to enact this legislation.
 

N4DES

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More have instituted E than the one instance stated in the article of an agency reversing the policy. An agency controlled feed is a reasonable compromise like Boston and Chicago have put in place.
 

kc2asb

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This Bill has been awaiting the Governor's signature for months. I seem to remember discussions on it in the late Spring/early Summer. If she hasn't signed it by now, it seems unlikely that she will.
 

DaveNF2G

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New York politicians have no interest in the convenience or safety of the general public. Also, given past agency history, I would bet that the bill is opposed by the State Police.
 

kc2asb

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That's pretty funny but it doesn't seem to be.
Amazing how he lives rent free in so many heads here. :)

New York politicians have no interest in the convenience or safety of the general public. Also, given past agency history, I would bet that the bill is opposed by the State Police.
I agree. It's a safe bet that NYPD officials oppose it too. I seriously doubt the Governor will sign the bill.
 
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