GREANEY, J.
We granted an application by the sex offender registry board (board) for direct appellate review to decide whether a Superior Court judge correctly dissolved a preliminary injunction that enjoined the board from disseminating "offender-specific registration information" on the Internet. The case involves a challenge under art. 12 of the Declaration of Rights of the Massachusetts Constitution to an amendment to the sex offender act, G. L. c. 6, §§ 178C-178Q (act), that requires the board to publish on the Internet "sex offender information," relating only to level three sex offenders. See St. 2003, c. 140, §§ 5, 11-14 (Internet legislation). We affirm the order of dissolution.
The background of the case is as follows. Each plaintiff, after an evidentiary hearing before the board, was designated by the board as a level three sex offender,2 and was required to register as such with the board.3 See G. L. c. 6, §§ 178C, 178E, 178K, 178L. On May 13, 2003, the plaintiffs filed a verified complaint seeking preliminary and permanent injunctive relief prohibiting, as far as relevant here, the board from "posting [the] plaintiffs' sex offender registration information on any internet website." The lawsuit was prompted by the Governor's announcement on April 2, 2003, that, beginning on May 15, 2003, the board would post level three sex offender registration information on an Internet website maintained by the board. A Superior Court judge allowed the plaintiffs' application for a preliminary injunction enjoining the board from "posting offender-specific registration information on the Internet." The judge concluded that the plaintiffs had demonstrated a likelihood of success on the merits because the act had not authorized Internet posting or dissemination of sex offender registration information.
Subsequently, in June, 2003, the Governor filed the proposed Internet legislation. 2003 House Doc. No. 3885. The Internet legislation was enacted as emergency legislation, and took effect, on November 26, 2003. See St. 2003, c. 140, §§ 5, 11-14. Section 5 of St. 2003, c. 140, the primary section of the Internet legislation, provides:
"Notwithstanding sections 178C to 178P, inclusive, or any other general or special law to the contrary and in addition to any responsibility otherwise imposed upon the board, the board shall make the sex offender information contained in the sex offender registry, delineated below in subsections (i) to (viii), inclusive, available for inspection by the general public in the form of a comprehensive database published on the internet, known as the `sex offender internet database'; provided, however, that no registration data relating to a sex offender given a level 1 or level 2 designation by the board under section 178K shall be published in the sex offender internet database but may be disseminated by the board as otherwise permitted by said sections 178C to 178P, inclusive; and provided further, that the board shall keep confidential and shall not publish in the sex offender internet database any information relating to requests for registration data under sections 178I and 178J:
"(i) the name of the sex offender;
"(ii) the offender's home address;
"(iii) the offender's work address;
"(iv) the offense for which the offender was convicted or adjudicated and the date of the conviction or adjudication;
"(v) the sex offender's age, sex, race, height, weight, eye and hair color;
"(vi) a photograph of the sex offender, if available;
"(vii) whether the sex offender has been designated a sexually violent predator;
"(viii) whether the offender is in compliance with the registration obligations of sections 178C to 178P, inclusive.
"All information provided to the general public through the sex offender internet database shall include a warning regarding the criminal penalties for use of sex offender registry information to commit a crime or to engage in illegal discrimination or harassment of an offender and the punishment for threatening to commit a crime under section 4 of chapter 275. The sex offender internet database shall be updated regularly, based on information available to the board and shall be open to searches by the public at any time without charge or subscription. The board shall promulgate rules and regulations to implement, update and maintain such a sex offender internet database, to ensure the accuracy, integrity and security of information contained therein, to ensure the prompt and complete removal of registration data for persons whose duty to register has terminated or expired under section 178G, 178L or 178M or any other law and to protect against the inaccurate, improper or inadvertent publication of registration data on the internet."
Users of the proposed website established by the board may search (at no charge) for registration information about level three sex offenders by last name; by town, city, zip code, or county where the level three sex offender resides or works; or by a specific category, namely level three sex offenders who are not in compliance with their registration obligations. The board posts the following paragraphs on the website's "User Acknowledgment and Acceptance" page, requiring users of the site to "agree" to the text of the third paragraph before being able to search for information:
"INFORMATION SHALL NOT BE USED TO COMMIT A CRIME OR TO ENGAGE IN ILLEGAL DISCRIMINATION OR HARASSMENTS OF AN OFFENDER. ANY PERSON WHO USES INFORMATION DISCLOSED PURSUANT TO [the act] FOR SUCH PURPOSES SHALL BE PUNISHED. . . . IN ADDITION, ANY PERSON WHO USES REGISTRY INFORMATION TO THREATEN TO COMMIT A CRIME MAY BE PUNISHED. . . .[4]
"Pursuant to [the act], the individuals who appear on the following notifications have been designated Level 3 Sex Offenders by the Sex Offender Registry Board. The Board has determined that these individuals have a high risk to reoffend and that the degree of dangerousness posed to the public is such that a substantial public safety interest is served by active community notification.[5]
"By proceeding you are agreeing that you are a person who is 18 years of age or older, that you have read and understand the statements above, that you acknowledge that you are requesting this information for your own protection or for the protection of a child or another person for whom you have responsibility, care, custody, and that you believe you are likely to encounter an offender who may be posted on this website."
Users who "agree" to these conditions are not required to identify themselves by opening a user account, obtaining a password or otherwise providing information about themselves.
When displaying a level three sex offender's registration information, as provided by the Internet legislation, the board displays the following on its website:
"The Sex Offender Registry Board updates this information on a regular basis to try to assure that it is complete and accurate. However, this information can change quickly. You are cautioned that information provided on this site may not reflect the current addresses, status, or other information regarding a Level 3 sex offender. If you believe that any information found in these records is in error, please contact your local Police Department or the Commonwealth of Massachusetts Sex Offender Registry Board by phone at 978.740.6400."
Concerning a level three sex offender's compliance with the act's registration requirements, the board's website:
(1) Permits users to obtain information on all level three sex offenders who are not in compliance with their sex offender registration obligations by allowing users to select the word "VIOLATION" in the "County" field on the "Search Form" page;
(2) Informs users that if a level three sex offender is not in compliance with his or her registration requirements, the board will not provide that offender's home or work address because the offender has failed to verify or provide a correct address as the law requires. "An offender who is in violation may be subject to arrest and prosecution pursuant to [the act]. If you have any information regarding the whereabouts of a level [three] sex offender who is in violation, please contact you local Police Department or the Sex Offender Registry Board by phone . . . ."; and
(3) When displaying a level three sex offender's information on the website who is not in compliance with his or her registration obligations, does not display the offender's home or work address, but may display the municipality where the offender was last known to live or work. If a level three sex offender is not in compliance with his or her registration obligations, the "Level 3 Sex Offender — Detail Flyer" page will display "OFFENDER IS IN VIOLATION" in the address portion of the page.
The level three sex offender registration information contained on the website comes from level three sex offenders, who provide the information to police officers when they register at local police departments. See § 178F 1/2; 803 Code Mass. Regs. § 1.30 (2004). Police officers enter...
