Gov Hochul Vetoes Police Encryption Bill / NYC Bill Passes City Council

Last week saw two opposing visions of journalist access to police communications.  Governor Hochul vetoed the Keep Police Public Act, which passed the legislature last June. This legislation would have allowed professional journalists to maintain access to basic police communications when counties adopted new digital encrypted communications systems.  Lack of access has been an acute problem in New York City and Nassau County.

Governor Hochul’s Veto of the Keep Police Communications Public Act (A.3516/S416)

The legislation would have required law enforcement agencies across the state to enact polices that allowed professional journalists real time access to basic police dispatch information.  Professional journalists were defined as those people who qualify as journalists under the NY state shield law.  The New York Secretary of State’s office would issue credentials to professional journalists.  Importantly, law enforcement would not be required to allow access to sensitive or tactical information.

Journalists have had access to real time police information for nearly 90 years, since the dawn of police radio communications. There has never been a case where a journalist has use this information to endanger a law enforcement officer.  Today, the public has access this information simply by using a scanner.  Thus, the proposed law actually narrows the people who can access the information to “professional journalists.” 

Denying journalists access may endanger the public.  The only reporting on the scene will come from bystanders posting video on their social media platforms.  Such postings are often inaccurate and may endanger both the public and the police. 

The Governor gave several reasons for the veto. First, the Governor noted that cities and counties have different communications systems and it would be difficult for them to “screen” sensitive information (which can be encrypted) from information that would be available to journalists.  This is already done.  Today, journalists have access to all communications, and most jurisdictions already shift sensitive law enforcement information to cell phones.  The law would not create additional burdens.

Second, the Governor was concerned that providing real time information to journalists would require law enforcement to make public the location of public officials, increasing the risk of political violence.  Again, this information is already available to journalists and the public in today’s unencrypted law enforcement communications.  The new law would help this situation by limiting the information to professional journalists.  Contrary to the Governor’s position, this would increase security for public officials.  Moreover, if this is a problem, we can make exceptions for information relating to public officials that is not already made public by their offices.  Most public officials make their schedule public. 

Third, the Governor’s was concerned that this could hurt undercover operations.  This is not the case.  The legislation was never designed to provide access to this type of tactical information.

Finally, the Governor claims that this would require localities to invest millions of dollars in 90 days to comply with the law.  Again, this is not necessarily correct. The law applies only to those jurisdictions implementing new encrypted communications systems.  Most New York jurisdictions are not implementing these new systems, so there is no cost.  Moreover, there was nothing the law prohibiting law enforcement entities from passing the costs of access to journalists who are able to access communications. service.  Moreover, the costs of access are similar to obtaining a police “scanner” radio, albeit with the ability to decode encrypted communications.

We will engage the Governor and the legislature in 2026 to resolve these issues.  A copy of the Governor’s veto message is attached. 

NY City Council Passes Police Encryption Access Bill 

Ironically, while the Governor vetoed state legislation, the New York City Council passed a bill requiring NYPD to make police communications public.  According to the legislation (Int. 1060A-2025) NYC law enforcement agencies are required to:

• Adopt a written policy that gives journalists and the public access to information about critical incidents over a city-wide unencrypted channel in real time.

• Provide journalists (not the public) access to encrypted radio communications transmitted over all precinct-level, borough-level, transit, and housing bureau channels, and any other department channel that does not routinely transmit sensitive information.

• Journalists would pay reasonable costs, not to exceed costs incurred by the department to provide such access. 

• Sensitive information will not be made available to the public or professional journalists. 

• NYPD has 180 days to publish a proposal which will then be put out for public comment.

  
  

The bill passed the NY City Council, and the Mayor has 10 days to veto the legislation.  If he does not, the bill becomes a law.  Mayor Adams did not veto the legislation.  It is now up to Mayor Mamdani.  If he does not veto the bill, it will become effective.

We have more work to do at the state level.  This will be a key issue for us in 2026.

You can access the State Legislation here.

You can access Governor Hochul’s veto letter here.

You can access the bill (Int. 1060A-2020) that passed the NY City Council here.