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HD 4038

An Act relative to protecting Massachusetts residents against federal government surveillance

194th Legislature (2025-2026) Introduced by Patrick Kearney and 1 co-sponsor

Massachusetts bill restricts state agency cooperation with federal surveillance programs to protect residents' privacy from expanded federal data collection.

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Bill Summary · HD 4038

Legislative bill overview

HD 4038 aims to protect Massachusetts residents from federal surveillance activities by restricting state cooperation with federal agencies in data collection and surveillance operations. The bill would limit how state agencies can assist federal surveillance efforts and establish privacy protections for residents' personal information held by state entities that federal agencies might request.

Why is this important

Federal surveillance capabilities have expanded significantly through programs revealed in recent years, raising concerns about privacy rights and government overreach. Massachusetts residents could be affected by federal surveillance programs that operate with or without state assistance, making this a practical question about where the state draws lines on cooperation with federal authorities.

Potential points of contention

  • Federalism conflict: The bill may conflict with federal authority and interstate cooperation requirements, potentially exposing Massachusetts to legal challenges over whether states can unilaterally limit federal surveillance cooperation
  • Law enforcement effectiveness: Federal agencies and some state law enforcement may argue that restrictions hamper legitimate criminal investigations, counterterrorism efforts, and security operations that require data sharing
  • Vagueness of scope: The bill's specific restrictions on "assistance" and "surveillance operations" would need clear definition to avoid unintended consequences or loopholes, and current language may be too broad or too narrow depending on interpretation

Compiled from official sources — confirm details with the bill’s official record.

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