HD 3788 Massachusetts House · 194th Legislature (2025-2026)

An Act to protect electronic privacy

This bill (HD 3788) strengthens privacy protections for electronic data by requiring law enforcement to obtain a warrant based on probable cause before accessing most personal information held by service providers. It directly affects government agencies seeking data from companies offering email, messaging, location services, or remote computing (including both Massachusetts-based and foreign corporations with Massachusetts customers). Key provisions mandate that warrants must specifically describe the data sought, the entity holding it, and justify why less intrusive methods wouldn’t work - especially for "cell site simulators" (devices mimicking cell towers to track phones), which require additional documentation showing alternatives are inadequate. The bill also clarifies definitions like "location information" and "metadata" to ensure consistent application of these privacy standards.
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