Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S27

Introduced
2/16/23  

Caption

To protect private electronic communication, browsing and other activity

Impact

The implementation of Bill S27 could represent a significant shift in state law regarding electronic privacy and law enforcement procedures. By establishing specific requirements for obtaining warrants to access personal electronic information, the bill potentially enhances the privacy rights of residents in Massachusetts, reflecting growing concerns around surveillance and data collection practices. Moreover, it explicitly prohibits the use of technologies such as cell site simulators without appropriate legal justification, limiting unwarranted surveillance by law enforcement.

Summary

Bill S27, titled 'An Act to protect private electronic communication, browsing and other activity,' aims to safeguard the privacy of individuals with respect to electronic communications and metadata. It proposes amendments to Chapter 276 of the General Laws of Massachusetts, establishing stricter guidelines around how law enforcement can obtain and utilize electronic communication information. Key provisions outline the necessity of a warrant for accessing this data, ensuring that any illegal collection of information would not be admissible in court, thus reinforcing the principles of due process and privacy rights.

Contention

However, the bill has generated discussion around the implications for law enforcement's operational capabilities. Proponents argue that the bill is vital for protecting civil liberties and that it establishes essential checks on governmental power. Detractors, particularly within law enforcement circles, contend that the added requirements for obtaining warrants may impede timely responses to criminal activity. The balance between ensuring public safety and protecting individual rights will remain a pivotal point of discussion as the bill progresses through the legislative process.

Companion Bills

MA H3434

Similar To Relative to all-electronic tolling data privacy

MA H1556

Similar To Relative to safety and privacy for elected officials

MA H1672

Similar To To ensure backyard privacy

MA H4323

Similar To To protect the privacy of 911 callers

MA S2770

Similar To Establishing the Massachusetts Data Privacy Act

MA H4578

Replaced by Study Order

Similar Bills

MA H1653

To protect private electronic communication, browsing and other activity

MA H2027

To protect electronic privacy

MA S763

Relative to telehealth and digital equity for patients

MA H1130

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 S930

Relative to access to a decedent's electronic mail accounts

MA H1748

Relative to access to a decedent's electronic mail accounts