Request Submitted To: Attorney General & District Attorney Offices
Category: Surveillance
Year Filed: 2013
Background
In 2008, the provisions of G.L. c. 271, § 17B were amended to expand substantially the power of Massachusetts prosecutors to obtain information about private communications. Enacted as part of legislation addressed to preventing sexual abuse of children, St. 2008, § 205, and described by the attorney general as a tool to track online predators, the amendment of § 17B nevertheless went much further. As amended, the law allows the attorney general or a district attorney to issue an administrative subpoena for the records of certain communications service providers concerning private communications if the prosecutor has “reasonable grounds to believe that [such records] are relevant and material to an ongoing criminal investigation.” The recipient of such a subpoena is required to deliver the records to the attorney general or the district attorney within 14 days. Although the statute expressly prohibits the disclosure of the content of electronic communication, the records, which may be obtained under the statute, are capable of revealing significant amounts of information about the activities and communications of Massachusetts residents.
The purpose of this request is to understand how Administrative Subpoenas have been used across the Commonwealth.
- ACLU Request to Attorney General
- ACLU Request to Berkshire County
- ACLU Request to Bristol County
- ACLU Request to Cape and Islands
- ACLU Request to Essex County
- ACLU Request to Hampden County
- ACLU Request to Middlesex County
- ACLU Request to Norfolk County
- ACLU Request to Northwestern District
- ACLU Request to Plymouth County
- ACLU Request to Suffolk County
- ACLU Request to Worcester County
- Response from Attorney General
- Second response from Attorney General
- Response from Berkshire County
- Response from Essex County
- Response from Hampden County
- Response from Middlesex County
- Response from Norfolk County
- Response from Northwestern District
- Notes
- Response from Plymouth County
- Response from Suffolk County
- Second response from Suffolk County
- Response from Worcester County
Suffolk
- 01_Instructional Memorandum
- 01_Sample of Completed E-Mail Trace
- 02_Admin Subpoena Request Form
- 02_cell phone template
- 02_email template
- 02_ip address template
- 03_Brighton
- 03_Central
- 03_Charlestown
- 03_Chelsea
- 03_Dorchester
- 03_East Boston
- 03_Homicide
- 03_Roxbury
- 03_Special Prosecutions 2011
- 03_Special Prosecutions 2012
- 03_Special Prosecutions 2013
- 03_West Roxbury