Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1653

Introduced
2/16/23  

Caption

To protect private electronic communication, browsing and other activity

Impact

One of the key changes brought by H1653 is the prohibition of 'reverse-location' and 'reverse-keyword' court orders, which have been criticized for allowing extensive government surveillance without proper justification. By blocking these types of orders, the bill aims to prevent potential abuse and protect individual privacy. Additionally, any evidence obtained through unlawful means, such as without a proper warrant, will be deemed inadmissible in court, reinforcing the bill's commitment to uphold civil liberties and constitutional rights within the digital landscape.

Summary

House Bill H1653, titled 'An Act to protect private electronic communication, browsing and other activity', is designed to enhance privacy protections for individuals by regulating how law enforcement agencies can access electronic communications and associated data. The bill makes specific amendments to Chapter 276 of the Massachusetts General Laws, particularly focusing on the definitions and lawful conditions under which electronic communication can be accessed by government entities. It establishes stricter requirements for obtaining search warrants, thereby aiming to protect citizens' rights against invasive practices unless there is clear and compelling justification.

Contention

However, the bill has elicited responses from law enforcement advocates who argue that such restrictions could hinder their ability to efficiently tackle crime. They contend that limiting access to electronic communications may lead to missed opportunities to prevent crimes or track down criminals effectively. This contention highlights an ongoing debate between privacy rights and public safety, where both sides emphasize the importance of their stakes. The balance struck by H1653 in limiting governmental overreach while still permitting lawful access under certain conditions will be critical in shaping its acceptance and implementation.

Companion Bills

MA S2736

Similar To Modernizing protections for consumers in automobile transactions

MA S2738

Similar To Relative to electric ratepayer protections

MA S2804

Similar To Enhancing child welfare protections

MA H4791

Similar To Relative to municipal tax lien procedures and protections for property owners in the Commonwealth

MA S2934

Similar To Ensuring domestic violence victims' protections for all employees in the Commonwealth

MA H4517

Replaced by Study Order

Previously Filed As

MA H1654

To address arbitration agreements

MA H2902

Establishing retirement parity for long term public defenders

MA H2592

Establishing retirement parity for long term public defenders

MA H3169

To encourage donations to local nonprofits

MA H1643

To ease burdens on litigants

MA H2660

Relative to the size of the forensic science oversight board

MA H2878

Protecting the interests of housing cooperative shareholders

MA H3165

Protecting the interests of housing cooperative shareholders

Similar Bills

MA S27

To protect private electronic communication, browsing and other activity

MA H2027

To protect electronic privacy

MA H1130

Relative to telehealth and digital equity for patients

MA S763

Relative to telehealth and digital equity for patients

MA S974

Relative to fiduciary access to digital assets

MA S1110

Clarifying the rights of fiduciaries to access digital assets

MA H1968

Relative to access to a decedent's electronic mail accounts

MA H1748

Relative to access to a decedent's electronic mail accounts