Section 1 Short title
This Act may be cited as the “Email Privacy Act”.
Email Privacy Act
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.
Sec. 2 Voluntary disclosure corrections
Section 2702 of title 18, United States Code, is amended—
in subsection (a)—
in paragraph (1)—
by striking “divulge” and inserting “disclose”; and
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”;
in paragraph (2), in the matter preceding subparagraph (A)—
by striking “to the public”;
by striking “divulge” and inserting “disclose”; and
by striking “which is carried or maintained on that service” and inserting “that is stored, held, or maintained by that service”; and
in paragraph (3)—
by striking “a provider of” and inserting “a person or entity providing”; and
by striking “divulge” and inserting “disclose”;
in subsection (b)—
in the matter preceding paragraph (1)—
by striking “divulge” and inserting “disclose”; and
by inserting “wire or electronic” before “communication”;
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;”
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;”
in subsection (c)—
in the matter preceding paragraph (1)—
by striking “divulge” and inserting “disclose”; and
by inserting “wire or electronic” before “communications”; and
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
in subsection (a)—
by striking “A governmental entity” and inserting “Except as provided in subsections (j) and (k), a governmental entity”;
by striking “provider of electronic communication service” and inserting “provider of electronic communication service or remote computing service”;
by striking “pursuant to” and inserting “if the governmental entity obtains”;
by striking “by a court of competent jurisdiction.” and inserting “that is issued by a court of competent jurisdiction and that 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.”; and
by striking “provider of electronic communication services” and inserting “provider of electronic communication service or remote computing service”;
in subsection (c)—
in paragraph (1)—
in the matter preceding subparagraph (A)—
by striking “A governmental entity” and inserting “Except as provided in subsections (j) and (k), a governmental entity”; and
by striking “only when the governmental entity” and inserting “only”;
in subparagraph (A)—
by striking “obtains a warrant issued” and inserting “if the governmental entity obtains a warrant”;
by striking “by the President) by a court” and inserting the following:
“(i) is issued by a court”
by inserting “and” after “jurisdiction;”; and
by adding at the end the following:
“(ii) may indicate the date by which the provider must make the disclosure to the governmental entity;”
in subparagraph (B), by inserting “if the governmental entity” before “obtains”;
in subparagraph (C), by striking “has the consent of the subscriber or customer to such disclosure;” and inserting “with the lawful consent of the subscriber or customer; or”;
by striking subparagraph (D);
by redesignating subparagraph (E) as subparagraph (D); and
in subparagraph (D), as so redesignated, by striking “seeks information” and inserting “as otherwise authorized”; and
in paragraph (2)—
in the matter preceding subparagraph (A), by inserting “, 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),” after “shall”; and
in the matter following subparagraph (F), by striking “of a subscriber” and all that follows and inserting “of a subscriber or customer of such service.”;
in subsection (d)—
by striking “the contents of a wire or electronic communication, or”;
by striking “sought,” and inserting “sought”; and
by striking “section” and inserting “subsection”; and
by adding at the end the following:
“(i) 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), (c), or (d) of this section.
“(j) Rule of Construction Related to Legal Process—Nothing in this section or in section 2702 shall modify the authorities for a governmental entity to obtain a wire or electronic communication (including the contents of that communication) from a provider of a remote computing service or electronic communication service if—
“(1) the originator, addressee, or intended recipient of such communication is an officer, director, employee, or agent of the provider acting in their capacity as such an officer, director, employee, or agent; or
“(2) the communication—
“(A) advertises or promotes a product or service; and
“(B) has been made readily available to the general public.
“(k) 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.”
Warrant requirement for stored communications content— Section 2703 of title 18, United States Code, is amended—
in subsection (a)—
by striking “, that is in electronic storage in an electronic communications system for one hundred and eighty days or less,”; and
by striking the last sentence;
by striking subsection (b) and inserting the following:
“(b) [Repealed].”
in subsection (d) by striking “(b) or”.