THE ASSEMBLY

STATE OF NEW YORK

ALBANY

RICHARD L. BRODSKY CHAIRMAN

Assemblyman 92nd District Committee on
Westchester County Corporations, Authorities and Commissions

June 15, 2010

Andrew Cuomo
Attorney General
New York State
State Capitol Building
Albany, NY 12223

Dear Attorney General,

I have been involved in discussions with Google about possible violations of New York
law stemming from its collection and storage of data from Wi-Fi networks across the
state. I initiated these discussions along with Assemblyman Brian Kavanagh primarily
because of the damage to the public's privacy. It is now possible for us to conclude that
Googles actions were in violation of the computer trespass laws which I authored which
protect New Yorkers against unauthorized collection of computer data, as found in the
Penal Law 56.00-156.50. Our discussions also included the wiretapping statutes found
in 250.00-250.35, and the deceptive business practices statutes found in the General
Business Law 349-350 f.

As you can see from the attached letter to Google, we have concluded that there is a
strong likelihood of a violation of the computer trespass law, and a degree of likelihood
that the wiretapping and deceptive practices laws were violated. It is now appropriate for
these inquiries to continue through the arms of government empowered to make law
enforcement decisions. I ask that you immediately open a formal investigation of these
actions and make a timely determination if these laws were violated and if so, what steps
should be taken. I will be glad to provide to you any information we have with respect to
such investigation.

Best wishes,

Richard Brodsky

ALBANY OFFICE: Room 422, Legislative Office Building, Albany, New York 12248 (518) 455-5753
DISTRICT OFFICE: 5 West Main Street, Ste. 205, Elmsford, New York 10523 (914) 345-0432
EMAIL: brodskr@assembly.state.ny.us