Email Privacy Act
This bill modifies provisions restricting an electronic communication service (ECS) or remote communication service (RCS) provider from disclosing the contents of a wire or electronic communication that is in electronic storage with or otherwise stored, held, or maintained by that service.
Additionally, it revises the standards for the government to compel an ECS or RCS provider to disclose the contents of a wire or electronic communication or records, or inform of the recipient of the existence of a warrant, court order, subpoena, or request, unless the government obtains an order for delayed notification (i.e., an order directing a service provider to delay notifying anyone of the existence of a warrant, order, subpoena, or request for a specified period of time).
The bill revises the process for obtaining a delayed notification order and lengthens the maximum duration of such an order.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9656 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 9656
To amend title 18, United States Code, to update the privacy
protections for electronic communications information that is stored by
third-party service providers in order to protect consumer privacy
interests while meeting law enforcement needs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 21, 2022
Ms. DelBene introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to update the privacy
protections for electronic communications information that is stored by
third-party service providers in order to protect consumer privacy
interests while meeting law enforcement needs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Email Privacy Act''.
SEC. 2. VOLUNTARY DISCLOSURE CORRECTIONS.
(a) In General.--Section 2702 of title 18, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``divulge'' and inserting
``disclose''; and
(ii) by striking ``while in electronic
storage by that service'' and inserting ``that
is in electronic storage with or otherwise
stored, held, or maintained by that service'';
(B) in paragraph (2)--
(i) by striking ``to the public'';
(ii) by striking ``divulge'' and inserting
``disclose''; and
(iii) by striking ``which is carried or
maintained on that service'' and inserting
``that is stored, held, or maintained by that
service''; and
(C) in paragraph (3)--
(i) by striking ``divulge'' and inserting
``disclose''; and
(ii) by striking ``a provider of'' and
inserting ``a person or entity providing'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
inserting ``wire or electronic'' before
``communication'';
(B) by amending paragraph (1) to read as follows:
``(1) to an originator, addressee, or intended recipient of
such communication, to the subscriber or customer on whose
behalf the provider stores, holds, or maintains such
communication, or to an agent of such addressee, intended
recipient, subscriber, or customer;''; and
(C) by amending paragraph (3) to read as follows:
``(3) with the lawful consent of the originator, addressee,
or intended recipient of such communication, or of the
subscriber or customer on whose behalf the provider stores,
holds, or maintains such communication;'';
(3) in subsection (c) by inserting ``wire or electronic''
before ``communications'';
(4) in each of subsections (b) and (c), by striking
``divulge'' and inserting ``disclose''; and
(5) in subsection (c), by amending paragraph (2) to read as
follows:
``(2) with the lawful consent of the subscriber or
customer;''.
SEC. 3. AMENDMENTS TO REQUIRED DISCLOSURE SECTION.
Section 2703 of title 18, United States Code, is amended--
(1) by striking subsections (a) through (c) and inserting
the following:
``(a) Contents of Wire or Electronic Communications in Electronic
Storage.--Except as provided in subsections (i) and (j), a governmental
entity may require the disclosure by a provider of electronic
communication service of the contents of a wire or electronic
communication that is in electronic storage with or otherwise stored,
held, or maintained by that service only if the governmental entity
obtains a warrant issued using the procedures described in the Federal
Rules of Criminal Procedure (or, in the case of a State court, issued
using State warrant procedures) that--
``(1) is issued by a court of competent jurisdiction; and
``(2) may indicate the date by which the provider must make
the disclosure to the governmental entity.
In the absence of a date on the warrant indicating the date by which
the provider must make disclosure to the governmental entity, the
provider shall promptly respond to the warrant.
``(b) Contents of Wire or Electronic Communications in a Remote
Computing Service.--
``(1) In general.--Except as provided in subsections (i)
and (j), a governmental entity may require the disclosure by a
provider of remote computing service of the contents of a wire
or electronic communication that is stored, held, or maintained
by that service only if the governmental entity obtains a
warrant issued using the procedures described in the Federal
Rules of Criminal Procedure (or, in the case of a State court,
issued using State warrant procedures) that--
``(A) is issued by a court of competent
jurisdiction; and
``(B) may indicate the date by which the provider
must make the disclosure to the governmental entity.
In the absence of a date on the warrant indicating the date by
which the provider must make disclosure to the governmental
entity, the provider shall promptly respond to the warrant.
``(2) Applicability.--Paragraph (1) is applicable with
respect to any wire or electronic communication that is stored,
held, or maintained by the provider--
``(A) on behalf of, and received by means of
electronic transmission from (or created by means of
computer processing of communication received by means
of electronic transmission from), a subscriber or
customer of such remote computing service; and
``(B) solely for the purpose of providing storage
or computer processing services to such subscriber or
customer, if the provider is not authorized to access
the contents of any such communications for purposes of
providing any services other than storage or computer
processing.
``(c) Records Concerning Electronic Communication Service or Remote
Computing Service.--
``(1) In general.--Except as provided in subsections (i)
and (j), a governmental entity may require the disclosure by a
provider of electronic communication service or remote
computing service of a record or other information pertaining
to a subscriber to or customer of such service (not including
the contents of wire or electronic communications), only--
``(A) if a governmental entity obtains a warrant
issued using the procedures described in the Federal
Rules of Criminal Procedure (or, in the case of a State
court, issued using State warrant procedures) that--
``(i) is issued by a court of competent
jurisdiction directing the disclosure; and
``(ii) may indicate the date by which the
provider must make the disclosure to the
governmental entity;
``(B) if a governmental entity obtains a court
order directing the disclosure under subsection (d);
``(C) with the lawful consent of the subscriber or
customer; or
``(D) as otherwise authorized in paragraph (2).
``(2) Subscriber or customer information.--A provider of
electronic communication service or remote computing service
shall, in response to an administrative subpoena authorized by
Federal or State statute, a grand jury, trial, or civil
discovery subpoena, or any means available under paragraph (1),
disclose to a governmental entity the--
``(A) name;
``(B) address;
``(C) local and long distance telephone connection
records, or records of session times and durations;
``(D) length of service (including start date) and
types of service used;
``(E) telephone or instrument number or other
subscriber or customer number or identity, including
any temporarily assigned network address; and
``(F) means and source of payment for such service
(including any credit card or bank account number),
of a subscriber or customer of such service.
``(3) Notice not required.--A governmental entity that
receives records or information under this subsection is not
required to provide notice to a subscriber or customer.'';
(2) in subsection (d)--
(A) by striking ``(b) or'';
(B) by striking ``the contents of a wire or
electronic communication, or'';
(C) by striking ``sought,'' and inserting
``sought''; and
(D) by striking ``section'' and inserting
``subsection''; and
(3) by adding at the end the following:
``(h) Notice.--Except as provided in section 2705, a provider of
electronic communication service or remote computing service may notify
a subscriber or customer of a receipt of a warrant, court order,
subpoena, or request under subsection (a), (b), (c), or (d) of this
section.
``(i) Rule of Construction Related to Legal Process.--Nothing in
this section or in section 2702 shall limit the authority of a
governmental entity to use an administrative subpoena authorized by
Federal or State statute, a grand jury, trial, or civil discovery
subpoena, or a warrant issued using the procedures described in the
Federal Rules of Criminal Procedure (or, in the case of a State court,
issued using State warrant procedures) by a court of competent
jurisdiction to--
``(1) require an originator, addressee, or intended
recipient of a wire or electronic communication to disclose a
wire or electronic communication (including the contents of
that communication) to the governmental entity;
``(2) require a person or entity that provides an
electronic communication service to the officers, directors,
employees, or agents of the person or entity (for the purpose
of carrying out their duties) to disclose a wire or electronic
communication (including the contents of that communication) to
or from the person or entity itself or to or from an officer,
director, employee, or agent of the entity to a governmental
entity, if the wire or electronic communication is stored,
held, or maintained on an electronic communications system
owned, operated, or controlled by the person or entity; or
``(3) require a person or entity that provides a remote
computing service or electronic communication service to
disclose a wire or electronic communication (including the
contents of that communication) that advertises or promotes a
product or service and that has been made readily accessible to
the general public.
``(j) Rule of Construction Related to Congressional Subpoenas.--
Nothing in this section or in section 2702 shall limit the power of
inquiry vested in the Congress by article I of the Constitution of the
United States, including the authority to compel the production of a
wire or electronic communication (including the contents of a wire or
electronic communication) that is stored, held, or maintained by a
person or entity that provides remote computing service or electronic
communication service.''.
SEC. 4. DELAYED NOTICE.
Section 2705 of title 18, United States Code, is amended to read as
follows:
``Sec. 2705. Delayed notice
``(a) In General.--A governmental entity acting under section 2703
may apply to a court for an order directing a provider of electronic
communication service or remote computing service to which a warrant,
order, subpoena, or other directive under section 2703 is directed not
to notify any other person of the existence of the warrant, order,
subpoena, or other directive.
``(b) Determination.--A court shall grant a request for an order
made under subsection (a) for delayed notification of up to 180 days if
the court determines that there is reason to believe that notification
of the existence of the warrant, order, subpoena, or other directive
will likely result in--
``(1) endangering the life or physical safety of an
individual;
``(2) flight from prosecution;
``(3) destruction of or tampering with evidence;
``(4) intimidation of potential witnesses; or
``(5) otherwise seriously jeopardizing an investigation or
unduly delaying a trial.
``(c) Extension.--Upon request by a governmental entity, a court
may grant one or more extensions, for periods of up to 180 days each,
of an order granted in accordance with subsection (b).''.
SEC. 5. RULE OF CONSTRUCTION.
Nothing in this Act or an amendment made by this Act shall be
construed to preclude the acquisition by the United States Government
of--
(1) the contents of a wire or electronic communication
pursuant to other lawful authorities, including the authorities
under chapter 119 of title 18 (commonly known as the ``Wiretap
Act''), the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801 et seq.), or any other provision of Federal law not
specifically amended by this Act; or
(2) records or other information relating to a subscriber
or customer of any electronic communication service or remote
computing service (not including the content of such
communications) pursuant to the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), chapter 119
of title 18 (commonly known as the ``Wiretap Act''), or any
other provision of Federal law not specifically amended by this
Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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