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 H1102

Protecting the use of bank names, trade names and trademarks in electronic communications

MA H2027

To protect electronic privacy

MA HB2173

property tax errors; electronic communications

MA H638

To protect library patron privacy

MA SB673

Stalking; using electronically transmitted communication, penalty.

MA A02565

Creates the New York electronic communications privacy act; requires government agents and agencies to obtain a search warrant for physical or electronic access to electronic device information.

MA H1886

Relative to privileged communications

MA SB010

Electronic Communications in Health Care

MA H2074

Protecting wages of employees who receive wages through an electronic wage card

MA S1532

Relative to patient identity and privacy protection in waiting rooms

Similar Bills

PA HB1970

In general provisions, further providing for definitions; and, in licensing of drivers, further providing for issuance and content of driver's license and for carrying and exhibiting driver's license on demand.

CA AB1800

Portable electronics and optical products insurance.

TX SB1531

Relating to the electronic payment of ad valorem taxes; authorizing a fee.

PA SB861

In general provisions, further providing for definitions; and, in licensing of drivers, further providing for issuance and content of driver's license and for carrying and exhibiting driver's license on demand.

NJ S1336

The "Uniform Electronic Wills Act"; authorizes electronic wills.

NJ A3229

The "Uniform Electronic Wills Act"; authorizes electronic wills.

MD SB842

Electronic Smoking Devices - Seizure and Wholesaler Record-Keeping Requirements

NV AB18

Revises provisions relating to the electronic filing of certain documents. (BDR 5-469)