Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1653 Latest Draft

Bill / Introduced Version Filed 02/16/2023

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