Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1653 Compare Versions

Only one version of the bill is available at this time.

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2	2	HOUSE DOCKET, NO. 2773 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1653
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Jay D. Livingstone
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to protect private electronic communication, browsing and other activity.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Jay D. Livingstone8th Suffolk1/19/2023Jason M. LewisFifth Middlesex2/21/2023 1 of 21
16	16	HOUSE DOCKET, NO. 2773 FILED ON: 1/19/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1653
18	18	By Representative Livingstone of Boston, a petition (accompanied by bill, House, No. 1653) of
19	19	Jay D. Livingstone and Jason M. Lewis relative to claims against certain corporations, its
20	20	officers, or other persons for providing electronic records, information, facilities, or assistance in
21	21	accordance with the terms of search warrants. The Judiciary.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act to protect private electronic communication, browsing and other activity.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Chapter 276 of the General Laws, as appearing in the 2020 official edition,
31	31	2is hereby amended by striking Section 1B and inserting in its place the following new sections:-
32	32	3 Section 1B. (a) As used in this section, the following words shall have the following
33	33	4meanings:
34	34	5 ''Adverse result'', the following situations:
35	35	6 (i) danger to the life or physical safety of an individual;
36	36	7 (ii) a flight from prosecution;
37	37	8 (iii) the destruction of or tampering with evidence;
38	38	9 (iv) the intimidation of a potential witness or witnesses; or 2 of 21
39	39	10 (vi) serious jeopardy to an investigation or undue delay of a trial.
40	40	11 “Electronic communication,” the transfer of signs, signals, writings, images, sounds, or
41	41	12data of any nature in whole or in part by a wire, radio, electromagnetic, photoelectric, or photo-
42	42	13optical system. This term does not include wire and oral communications as defined in section 99
43	43	14or chapter 272.
44	44	15 “Electronic communication information”, any information pertaining to an electronic
45	45	16communication or the use of an electronic communication service, including, but not limited to
46	46	17the content of electronic communications, metadata, sender, recipients, format, or location of the
47	47	18sender or recipients at any point during the communication, the time or date the communication
48	48	19was created, sent, or received, or any information pertaining to any individual or device
49	49	20participating in the communication. Electronic communication information does not include
50	50	21subscriber information as defined in this section.
51	51	22 “'Electronic communication services,” a service that provides to its subscribers or users
52	52	23the ability to send or receive electronic communications, including any service that acts as an
53	53	24intermediary in the transmission of electronic communications, or stores electronic
54	54	25communication information. This definition shall not apply to corporations that do not provide
55	55	26electronic communication services to the general public.
56	56	27 “Electronic device” or “device”, any device that stores, generates, or transmits
57	57	28information in electronic form and that enables access to, or use of, an electronic communication
58	58	29service, remote computing service, or location information service.
59	59	30 “Electronic device information”, electronic communication information and location
60	60	31information stored in a device. 3 of 21
61	61	32 “Electronic information”, electronic communication information and location information
62	62	33stored by a service provider on behalf of a subscriber or user of an electronic communication
63	63	34service, location information service, or remote computing service.
64	64	35 ''Foreign corporation'', any corporation or other entity that makes a contract or engages in
65	65	36a terms of service agreement with a resident of the commonwealth to be performed in whole or
66	66	37in part by either party in the commonwealth. The making of the contract or terms of service
67	67	38agreement shall be considered to be the agreement of the foreign corporation that a search
68	68	39warrant which has been properly served on it has the same legal force and effect as if served
69	69	40personally within the commonwealth.
70	70	41 “Location information”, information derived from a device or from interactions between
71	71	42devices, with or without the knowledge of the user and regardless of the technological method
72	72	43used, that pertains to or directly or indirectly reveals the present or past geographical location of
73	73	44an individual or device within the Commonwealth of Massachusetts
74	74	45 “Location information service”, a service that generates location information or is
75	75	46otherwise used to provide location information to the user or subscribed or the service. This term
76	76	47includes global positioning system services and other mapping, locational, or directional
77	77	48information services.
78	78	49 ''Massachusetts corporation'', any corporation or other entity that is subject to chapter 155
79	79	50or chapter 156B.
80	80	51 “Metadata”, information, other than communications content, which is necessary to or
81	81	52associated with the provision of electronic communication services, remote computing services,
82	82	53or location information services, including but not limited to information about the source or 4 of 21
83	83	54destination of electronic communications, date and time of electronic communications, delivery
84	84	55instructions, account information, internet protocol address, quantum of data, data or file type, or
85	85	56data tags.
86	86	57 ''Properly served'', delivery of a search warrant by hand, by United States mail, by
87	87	58commercial delivery service, by facsimile or by any other manner to any officer of a corporation
88	88	59or its general manager in the commonwealth, to any natural person designated by it as agent for
89	89	60the service of process, or if such corporation has designated a corporate agent, to any person
90	90	61named in the latest certificate filed pursuant to section 15.03 of chapter 156D.
91	91	62 ''Remote computing service'', the provision of remote computer processing services or
92	92	63remote computer storage of digital assets. This definition shall not apply to corporations that do
93	93	64not provide those services to the general public.
94	94	65 “Service provider”, a person or entity offering electronic communication services,
95	95	66location information services, or remote computing services.
96	96	67 “Subscriber information”, the name, street address, telephone number, email address, or
97	97	68similar contact information provided by the subscriber to a service provider to establish or
98	98	69maintain an account or communication channel, a subscriber or account number or identifier, the
99	99	70length of service, and the types of services used by a user of or subscriber to a service provider.
100	100	71 (b) Except pursuant to a warrant issued by a justice of the superior court or acting in
101	101	72accordance with a legally recognized exception under subsection (k), it shall be unlawful for a
102	102	73government office, law enforcement agency as defined in section 1 of chapter 6E, or public
103	103	74official to 5 of 21
104	104	75 (i) obtain or access electronic information or subscriber information from a service
105	105	76provider
106	106	77 (ii) access electronic device information from the electronic device, whether by physical
107	107	78or electronic means.
108	108	79 (c) A justice of the superior court may issue a search warrant upon a sworn application by
109	109	80the applicant showing there is probable cause to believe that:-
110	110	81 (i) particular identified records or information are in the actual or constructive custody of
111	111	82the Massachusetts or foreign corporation acting as a service provider; and
112	112	83 (ii) such records or information constitute evidence of or the means or instrumentalities
113	113	84of the commission of a specified criminal offense under the laws of the commonwealth.
114	114	85 (d) Search warrants issued under this section shall:-
115	115	86 (i) designate the person, corporation, or other entity, if any, in possession of the records
116	116	87or data sought;
117	117	88 (ii) describe, with particularity, the information sought and to be provided;
118	118	89 (iii) be directed to the law enforcement officer or government making the application for
119	119	90the warrant and authorize them to properly serve the warrant upon the corporation and to take all
120	120	91other actions prescribed by this section; and
121	121	92 (iv) be issued in the form and manner prescribed in sections 2A½ and 2B, insofar as they
122	122	93are applicable.
123	123	94 (e) The following provisions shall apply to any search warrant issued under this section:- 6 of 21
124	124	95 (i) when properly served with a search warrant, a corporation subject to this section shall
125	125	96provide all records sought pursuant to that warrant within 14 days of receipt, including those
126	126	97records maintained or located outside the commonwealth;
127	127	98 (ii) if the applicant makes a showing and the court finds that failure to produce records
128	128	99within less than 14 days would cause an adverse result, a warrant may require production of
129	129	100records within less than 14 days;
130	130	101 (iii) a court may reasonably extend the time required for production of the records upon
131	131	102finding that the corporation has shown good cause for that extension and that an extension of
132	132	103time would not cause an adverse result;
133	133	104 (iv) a corporation seeking to quash a warrant served on it pursuant to this section shall
134	134	105seek relief from the court that issued the warrant within the time required for production of
135	135	106records pursuant to this section. The court shall hear and decide such motion not later than 14
136	136	107days after the motion is filed; and
137	137	108 (v) the corporation shall verify the authenticity of records that it produces by providing an
138	138	109affidavit from the person in custody of those records certifying that they are true and complete.
139	139	110 (f) A Massachusetts corporation that provides electronic communication services, remote
140	140	111computing services, or location information services, when served with a warrant or subpoena
141	141	112issued by another state to produce records that would reveal the identity of the customers using
142	142	113those services, data stored by, or on behalf of the customer, the customer's usage of those
143	143	114services, the recipient or destination of communications sent to or from those customers, or the
144	144	115content of those communications, shall produce those records as if that warrant or subpoena had
145	145	116been issued under the law of the commonwealth. 7 of 21
146	146	117 (g) No claim shall lie against any foreign or Massachusetts corporation subject to this
147	147	118section, its officers, employees, agents, or other persons for providing records, information,
148	148	119facilities, or assistance in accordance with the terms of a search warrant issued pursuant to this
149	149	120section.
150	150	121 (h) Not later than 7 days after information is obtained by a law enforcement officer or
151	151	122government office pursuant to a warrant under this section, that officer or office shall serve upon,
152	152	123or deliver by registered or first-class mail, electronic mail, or other means reasonably calculated
153	153	124to be effective as specified by the court issuing the warrant, to the individual to whom the
154	154	125information pertains to, a copy of the warrant, a copy of the application for the warrant and
155	155	126notice that informs them of the following:-
156	156	127 (i) the nature of the law enforcement inquiry with reasonable specificity;
157	157	128 (ii) in the case of electronic information, that such information was requested by or
158	158	129supplied to that government office or public official, a description of the information, and the
159	159	130dates on which the request was made and on which the information was supplied;
160	160	131 (iv) whether notification of the customer, subscriber, or user was delayed under
161	161	132subsection (i); and
162	162	133 (v) which court made the certification or determination under which that delay was made,
163	163	134if applicable.
164	164	135 (i) A government office, law enforcement agency, or public official may include in its
165	165	136application for a warrant a request for an order delaying the notification required under
166	166	137subsection (h) for a period not to exceed 90 days, and the court may issue the order if it 8 of 21
167	167	138determines there is reason to believe that notification of the existence of the warrant may have an
168	168	139adverse result. Upon expiration of any period of delay granted under this subsection, the
169	169	140government office, law enforcement agency as defined in section 1 of chapter 6E, or public
170	170	141official shall provide the customer or subscriber a copy of the warrant together with notice
171	171	142required under, and by the means described in, subsection (h).
172	172	143 (j) A government office, law enforcement agency as defined in section 1 of chapter 6E, or
173	173	144public official may include in its application for a warrant a request for an order directing a
174	174	145corporation or other entity to which a warrant is directed not to notify any other person of the
175	175	146existence of the warrant for a period of not more than 90 days, and the court may issue the order
176	176	147if the court determines that there is reason to believe that notification of the existence of the
177	177	148warrant will have an adverse result.
178	178	149 The court may, upon application, grant one or more extensions of orders delaying
179	179	150notification for an additional 90 days if the court determines that there is reason to believe that
180	180	151notification of the existence of the warrant will have an adverse result.
181	181	152 (k) Notwithstanding any general or special law to the contrary, a government office, law
182	182	153enforcement agency as defined in section 1 of chapter 6E, or public official may obtain or access
183	183	154the categories of information mentioned in subsection (b):-
184	184	155 (i) with the specific contemporaneous written consent of the individual to whom the
185	185	156information pertains as the owner or authorized user of the device or as user or subscriber of the
186	186	157remote computing services, electronic communications services, or location information
187	187	158services; 9 of 21
188	188	159 (ii) with the specific contemporaneous written consent of the recipient of an electronic
189	189	160communication.
190	190	161 (iii) in order to respond to a call for emergency services; or
191	191	162 (iii) in response to an emergency involving immediate danger of death or serious physical
192	192	163injury to any person requires obtaining without delay information relating to the emergency;
193	193	164provided, however, that the request is narrowly tailored to address the emergency and subject to
194	194	165the following limitations:-
195	195	166 (a) the request shall document the factual basis for believing that an emergency involving
196	196	167immediate danger of death or serious physical injury to a person requires obtaining without delay
197	197	168of the information relating to the emergency; and
198	198	169 (b) not later than 48 hours after the government office obtains access to records, it shall
199	199	170file with the appropriate court a signed, sworn statement of a supervisory official of a rank
200	200	171designated by the head of the office setting forth the grounds for the emergency access.
201	201	172 (iv) in case of electronic device information, if the government office, law enforcement
202	202	173agency, or public official, in good faith, believes the device to be lost, stolen, or abandoned;
203	203	174provided, however, that the entity shall only access electronic device information in order to
204	204	175attempt to identify, verify, or contact the owner or authorized possessor of the device.
205	205	176 (l) Within five business days after issuing or denying a warrant, the court shall report to
206	206	177the office of court management within the trial court the following information:-
207	207	178 (i) the name of the agency making the application;
208	208	179 (ii) the offense specified in the warrant or application therefore; 10 of 21
209	209	180 (iii) the nature of the information sought;
210	210	181 (iv) if the warrant application sought authorization to obtain or access information from a
211	211	182corporation or other entity, the name of that entity;
212	212	183 (v) whether the warrant was granted as applied for, was modified, or was denied;
213	213	184 (vi) the period of disclosures or access authorized by the warrant;
214	214	185 (vii) the number and duration of any extensions of the warrant; and
215	215	186 (viii) any order directing delayed notification of the warrant’s existence.
216	216	187 In June of each year, the court administrator in the office of court management within the
217	217	188trial court shall transmit to the legislature a full and complete report concerning the number of
218	218	189applications for warrants authorizing or requiring the disclosure of or access to information
219	219	190under this section. The reports shall include a summary and analysis of the data required to be
220	220	191filed with that office. The reports shall be filed with the offices of the clerk of the house and the
221	221	192senate and shall be public records. The court administrator in the office of court management
222	222	193within the trial court shall issue guidance regarding the form of the reports.
223	223	194 (m) The requirements of this section shall apply to all state and local law enforcement
224	224	195officers operating in the commonwealth, whether said officers are assigned to state and local law
225	225	196enforcement operations exclusively, or to a joint task force or other collaborative operations with
226	226	197federal law enforcement agencies.
227	227	198 11 of 21
228	228	199 Section 1C. (a) As used in this section, the following words shall have the following
229	229	200meanings:
230	230	201 “Reverse-keyword court order”, any court order, including a search warrant or subpoena,
231	231	202compelling the disclosure of records or information identifying any unnamed persons, by name
232	232	203or other unique identifiers, who electronically searched for particular words, phrases, or
233	233	204websites, or who visited a particular website through a link generated by such a search,
234	234	205regardless of whether the order is limited to a specific geographic area or time frame.
235	235	206 “Reverse-keyword request”, any request, in the absence of a court order, by any
236	236	207government entity for the voluntary provision of records or information identifying any unnamed
237	237	208persons, by name or other unique identifiers, who electronically searched for particular words,
238	238	209phrases, or websites, or who visited a particular website through a link generated by such a
239	239	210search, regardless of whether or not the request is limited to a specific geographic area or time
240	240	211frame. Such requests shall include offers to purchase such records or information.
241	241	212 “Reverse-location court order”, any court order, including a search warrant or subpoena,
242	242	213compelling the disclosure of records or information pertaining to the location of previously
243	243	214unidentified electronic devices or their unnamed users or owners and whose scope extends to an
244	244	215unknown number of electronic devices present in a specified geographic area at a specified time,
245	245	216irrespective of whether such location is identified via global positioning system coordinates, cell
246	246	217tower connectivity, wi-fi positioning, or any other form of location detection.
247	247	218 “Reverse-location request”, any request, in the absence of a court order, by any
248	248	219government entity for the voluntary provision of records or information pertaining to the location
249	249	220of unidentified electronic devices or their unnamed users or owners and whose scope extends to 12 of 21
250	250	221an unknown number of electronic devices present in a specified geographic area at a specified
251	251	222time, irrespective of whether such location is identified via global positioning system
252	252	223coordinates, cell tower connectivity, wi-fi positioning, or any other form of location detection.
253	253	224Such requests shall include offers to purchase such records or information.
254	254	225 ''Subpoena'', a grand jury or trial subpoena issued in the course of a criminal proceeding
255	255	226or an administrative subpoena issued pursuant to section 17B of chapter 271.
256	256	227 (b) It shall be unlawful for a government office, law enforcement agency as defined in
257	257	228section 1 of chapter 6E, or public official to:-
258	258	229 (i) seek, from any court, a reverse-location court order or a reverse-keyword court order.
259	259	230 (ii) seek, secure, obtain, borrow, purchase, or review any information or data obtained
260	260	231through a reverse-location court order or a reverse-keyword court order.
261	261	232 (c) No court subject to the laws of the commonwealth shall issue a reverse-location court
262	262	233order or a reverse-keyword court order.
263	263	234 (d) No person or entity in the commonwealth, as a result of any law, regulation, or
264	264	235agreement adopted by the commonwealth or any political subdivision thereof, shall be obligated
265	265	236to comply with a reverse-location court order or a reverse-keyword court order issued by the
266	266	237commonwealth or a political subdivision thereof.
267	267	238 (e) It shall be unlawful for a government office, law enforcement agency, or public
268	268	239official to:-
269	269	240 (i) make a reverse-location request or a reverse-keyword request; 13 of 21
270	270	241 (ii) seek, secure, obtain, borrow, purchase, or review any information or data obtained
271	271	242through a reverse-location request or a reverse-keyword request.
272	272	243 (iii) seek the assistance of any agency of the federal government or any agency of the
273	273	244government of another state or subdivision thereof in obtaining information or data from a
274	274	245reverse-location court order, reverse-keyword court order, reverse-location request, or reverse-
275	275	246keyword request if the government entity would be barred from directly seeking such
276	276	247information under this section.
277	277	248 (f) For the purposes of this section, a record, information, or evidence is “derived from” a
278	278	249reverse-location court order, reverse-keyword court order, reverse-location request, or reverse-
279	279	250keyword request where the government entity would not have originally possessed the
280	280	251information or evidence but for the violative court order or request, and regardless of any claim
281	281	252that the record, information, or evidence is attenuated from the unlawful order or request, would
282	282	253inevitably have been discovered, or was subsequently reobtained through other means.
283	283	254
284	284	255 Section 1D. (a) As used in this section, the following words shall have the following
285	285	256meanings:
286	286	257 "Cell site simulator device", any device that functions as or simulates a base station for
287	287	258commercial mobile services or private mobile services in order to identify, locate, or intercept
288	288	259transmissions from cellular devices for purposes other than providing ordinary commercial
289	289	260mobile services or private mobile services. 14 of 21
290	290	261 (b) It shall be unlawful for a government office, law enforcement agency, or public
291	291	262official to use a cell site simulator device for any purpose other than to locate or track the
292	292	263location of a specific electronic device, pursuant to a warrant consistent with subsection (d), or if
293	293	264exigent circumstances exist requiring swift action to prevent imminent danger to the safety of an
294	294	265individual or the public.
295	295	266 (c) Any warrant application seeking to intercept the substance of a wire or oral
296	296	267communication from an electronic device may only be granted pursuant to section 99 of chapter
297	297	268272.(d) An application for a warrant to use a cell site simulator device must include:
298	298	269 (i) a statement of facts establishing probable cause to believe that the use of a cell site
299	299	270simulator will aid in the apprehension of a person who the applicant has probable cause to
300	300	271believe has committed, is committing, or is about to commit a felony; and
301	301	272 (ii) sufficient facts demonstrating that less invasive methods of investigation or
302	302	273surveillance to the privacy of non-targeted parties have been tried and failed or reasonably
303	303	274unlikely to succeed if tried; and
304	304	275 (iii) a description of the nature and capabilities of the cell site simulator device that will
305	305	276be used and the manner and method of its deployment, including whether the cell site simulator
306	306	277device will obtain data from non-target communications devices; and
307	307	278 (iv) a description of the procedures that will be followed to protect the privacy of non-
308	308	279targets during the investigation, including the deletion of data obtained from non-target
309	309	280communication devices.
310	310	281 (v) the name of the government agency that owns the cell site simulator device. 15 of 21
311	311	282 (e) All non-target data must be deleted immediately upon collection, but no later than
312	312	283once every 24 hours.
313	313	284 (f) All target data must be deleted within thirty days if there is no longer probable cause
314	314	285to support the belief that such information or metadata is evidence of a crime.
315	315	286 (g) The warrant shall permit the use of a cell site simulator for a period not to exceed
316	316	287fifteen days. Any time prior to the expiration of a warrant, the applicant may apply to the issuing
317	317	288judge for a renewal thereof with respect to the same electronic device, person, and location of
318	318	289surveillance. An application for renewal must incorporate the warrant sought to be renewed
319	319	290together with the application and any accompanying papers upon which it was issued. The
320	320	291application for renewal must set forth the results of the investigation thus far conducted, as well
321	321	292as present grounds for extension in conformity with subsection (d). Upon such application, the
322	322	293judge may issue an order renewing the warrant and extending the authorization for a period not
323	323	294exceeding fifteen days.
324	324	295 (h) For the purposes of this section, a record, information, or evidence is “derived from”
325	325	296unauthorized use of a cell site simulator where the government entity would not have originally
326	326	297possessed the information or evidence but for the violative court order or request, and regardless
327	327	298of any claim that the record, information, or evidence is attenuated from the unlawful order or
328	328	299request, would inevitably have been discovered, or was subsequently re-obtained through other
329	329	300means.
330	330	301
331	331	302 Section 1E. (a) Any individual whose information was obtained by a government entity
332	332	303in violation of sections 1B, 1C, and 1D shall be notified of the violation, in writing, by the 16 of 21
333	333	304government office, law enforcement agency, or public official who committed the violation and
334	334	305of the legal recourse available to that person pursuant to this section.
335	335	306 (b) Except in a judicial, administrative or legislative trial, hearing, or other proceeding
336	336	307alleging a violation of sections 1B, 1C, and 1D, no information acquired in violation of said
337	337	308sections, and no evidence derived therefrom, may be received in evidence in any trial, hearing, or
338	338	309other proceeding in or before any court, grand jury, department, officer, agency, regulatory body,
339	339	310legislative committee, or other authority of the commonwealth, or a political subdivision thereof.
340	340	311 (c) Any individual alleging harm caused by a violation of sections 1B, 1C, and 1D may
341	341	312bring a civil action against the government office, law enforcement agency, or public official
342	342	313who violated those sections in the Superior Court or any court of competent jurisdiction. Venue
343	343	314in the Superior Court shall be proper in the county in which the plaintiff resides or was located at
344	344	315the time of the violation.
345	345	316 (d) An individual protected by this section shall not be required, as a condition of service
346	346	317or otherwise, to file an administrative complaint with the attorney general or to accept mandatory
347	347	318arbitration of a claim arising under this chapter. Chapter 258 shall not apply to a claim brought
348	348	319under this section.
349	349	320 (e) In a civil action in which the plaintiff prevails, the court may award actual damages,
350	350	321including damages for emotional distress, of one thousand dollars per violation or actual
351	351	322damages, whichever is greater, (punitive damages; and any other relief, including but not limited
352	352	323to injunctive or declaratory relief, that the court deems to be appropriate. In addition to any relief
353	353	324awarded, the court shall award reasonable attorney’s fees and costs to any prevailing plaintiff.
354	354	325 (i) In assessing the amount of punitive damages, the court shall consider:- 17 of 21
355	355	326 (a) The number of people whose information was disclosed;
356	356	327 (b) Whether the violation directly or indirectly targeted persons engaged in the exercise
357	357	328of activities protected by the Constitution of the United States of America or the Massachusetts
358	358	329Declaration of Rights, and
359	359	330 (c) The persistence of violations by the government office, law enforcement agency, or
360	360	331public official.
361	361	332 (f) Non-waivable rights. Any provision of a contract or agreement of any kind, including
362	362	333a private corporation terms of service or policies, that purports to waive or limit in any way an
363	363	334individual’s rights under this section, including but not limited to any right to a remedy or means
364	364	335of enforcement, shall be deemed contrary to state law and shall be void and unenforceable.
365	365	336 (g) No private or government action brought pursuant to this chapter shall preclude any
366	366	337other action under this chapter.
367	367	338 SECTION 2. Chapter 276 is hereby amended by inserting after section 2A the following
368	368	339section:-
369	369	340 Section 2A½. (a) A warrant issued pursuant to section 1B for records or data from a
370	370	341corporation providing electronic communication services, remote computing services, or location
371	371	342information services shall be in substantially the following form:-
372	372	343 THE COMMONWEALTH OF MASSACHUSETTS.
373	373	344 (COUNTY), ss. (NAME) COURT. 18 of 21
374	374	345 To the Sheriffs of our several counties, or their deputies, any State Police Officer, or a
375	375	346Police Officer of any city or town in the Commonwealth.
376	376	347 Proof by affidavit having been made this day before (name and office of person
377	377	348authorized to issue warrant) by (names of person or persons whose affidavits have been taken)
378	378	349that there is probable cause for believing that certain records or data are in the in the possession
379	379	350of (identify corporation or other entity) and that those records or data constitute evidence of or
380	380	351the means or instrumentalities of the commission of (specified criminal offense under the laws of
381	381	352the commonwealth).
382	382	353 We therefore authorize you to present this warrant to (identify corporation or other
383	383	354entity), which warrant shall operate as an order for immediate disclosure of the following records
384	384	355or data:
385	385	356 (description of particular records or data),
386	386	357 and if any such records or data are disclosed to bring it before (court having jurisdiction)
387	387	358at (name of court and location).
388	388	359 Dated at (city or town) this __________ day of __________, (insert year).
389	389	360 Justice of the Superior Court
390	390	361 (b) A warrant issued pursuant to section 1D authorizing the use of a cell site simulator
391	391	362device shall be in substantially the following form:
392	392	363 THE COMMONWEALTH OF MASSACHUSETTS.
393	393	364 (COUNTY), ss. (NAME) COURT. 19 of 21
394	394	365 To the Sheriff, or their deputy, State Police Officer, or municipal Police Officer who has
395	395	366made this complaint on oath.
396	396	367 Proof by affidavit having been made this day before (name and office of person
397	397	368authorized to issue warrant) by (names of person or persons whose affidavits have been taken)
398	398	369that there is probable cause for believing that the use of a cell site simulator device will lead to
399	399	370evidence of or the means or instrumentalities of the commission of (specified criminal offense
400	400	371under the laws of the commonwealth) or the location of a person whom there is probable cause
401	401	372to believe has committed, is committing, or is about to commit (specified criminal offense under
402	402	373the laws of the commonwealth).
403	403	374 We therefore authorize you to obtain or access by means of a cell site simulator device,
404	404	375the following records or data:
405	405	376 (description of particular records or data),
406	406	377 and if any such records or data are disclosed to bring it before (court having jurisdiction)
407	407	378at (name of court and location).
408	408	379 Dated at (city or town) this __________ day of __________, (insert year).
409	409	380 Justice of the Superior Court
410	410	381
411	411	382 SECTION 3. Section 2B of said chapter 276 is hereby amended by striking clauses 3 and
412	412	3834 of the model affidavit and inserting in place thereof the following:- 20 of 21
413	413	384 3. Based upon the foregoing reliable information (and upon my personal knowledge)
414	414	385there is probable cause to believe that the property, records or data hereinafter described (has
415	415	386been stolen, or is being concealed, or constitutes evidence of a particular offense, etc.) and may
416	416	387be found (in the possession of A. B. or any other person or corporation) at premises (identify).
417	417	388 4. The (property, records, or data) for which I seek issuance of a search warrant is the
418	418	389following: (here describe the property, records, or data as particularly as possible).
419	419	390
420	420	391 SECTION 4. Section 7 of chapter 78 of the General Laws is hereby amended by striking
421	421	392the third sentence.
422	422	393
423	423	394 SECTION 5. Said chapter 78 is hereby amended by inserting after section 7 the following
424	424	395section:-
425	425	396 Section 7A.
426	426	397 (a) For the purposes of this section, “library user private data” shall mean that part of the
427	427	398records of a public library which reveals the identity and intellectual pursuits of a person using
428	428	399such library.
429	429	400 (b) Library user private data shall not be a public record as defined by clause Twenty-
430	430	401sixth of section seven of chapter four.
431	431	402 (c) The rights contained within sections 1B, 1C and 1E of chapter 276 shall apply to a
432	432	403library user as if that person were in possession of their library user private data. 21 of 21
433	433	404