Evergreen Community Safety Act of 2026

Bill Number

H.R. 7445

Origin Chamber

House

Congress

119th Congress, Session 2

Status

Introduced

Latest Action

2026-02-09: Referred to the House Committee on the Judiciary.

Last Updated

2026-03-05T04:08:20Z

AI-Generated Summary

Purpose

The Evergreen Community Safety Act of 2026 aims to speed up the process for large electronic communication and remote computing service providers to comply with court orders or warrants requiring the disclosure of user communications or records. It seeks to enhance community safety by ensuring quicker access to such information during investigations, while allowing limited extensions and remedies for non-compliance.

Key Provisions

• Compliance Timeline: For "covered providers" (defined as providers with 1,000,000 or more users, subscribers, or customers), warrants or court orders must be fulfilled within 72 hours of issuance, disclosing the contents of wire or electronic communications, or relevant records.
• Extensions: A court may extend the 72-hour deadline by up to 7 days if the requested information is voluminous (large in amount) or complex (difficult to process).
• Motions to Challenge: Covered providers have 48 hours to file a motion to quash (cancel) or modify the order or warrant.
• Civil Remedies: Individuals harmed by a covered provider's failure to comply within the required timeframe can file a lawsuit in a U.S. district court for injunctive relief (a court order to stop or start an action) and damages (monetary compensation), overriding other legal limits on such claims.

Significant Changes to Existing Law

This bill amends Section 2703 of Title 18 of the U.S. Code, which governs required disclosures of communications and records by service providers in response to legal requests. The key changes include:

• Introducing a strict 72-hour compliance deadline specifically for large providers, which does not exist in the current law.
• Shortening the time for providers to challenge orders from the existing period (typically longer) to 48 hours.
• Adding a new private right of action (ability for individuals to sue) for non-compliance harms, which expands beyond the government's previous enforcement options under the Stored Communications Act.

Potential Impacts

• On Government Agencies: Law enforcement and intelligence agencies may gain faster access to critical evidence in urgent cases, potentially improving response times to threats like crime or terrorism.
• On Citizens: Individuals could benefit from quicker resolutions in safety-related investigations but may face privacy concerns if disclosures occur more rapidly without adequate safeguards.
• On Providers: Large tech companies (e.g., social media or cloud services) will face tighter deadlines, increasing operational pressures and potential legal liabilities for delays.
• International Relations: Minimal direct impact, though it could affect U.S.-based providers handling global data, potentially influencing compliance with foreign legal requests.

Main Stakeholders Affected

• Covered Providers: Large electronic communication or remote computing services (e.g., major platforms like Google, Meta, or Microsoft) with over 1 million users, who must adapt systems for faster compliance.
• Law Enforcement and Government: Federal agencies (e.g., FBI, DOJ) that issue warrants, benefiting from expedited access.
• Individuals and Users: People whose data is disclosed, who gain a new avenue to seek remedies if providers fail to comply, but may experience indirect effects on privacy.
• Courts: Judges handling extensions, challenges, and civil suits related to these orders.

Notable Legal, Constitutional, or Political Implications

• Legal: Strengthens enforcement under the Stored Communications Act by prioritizing speed, but introduces potential conflicts with providers' rights to reasonable time for compliance or challenges, possibly leading to more litigation over what constitutes "voluminous" or "complex" data.
• Constitutional: Could raise Fourth Amendment concerns (protection against unreasonable searches) if rushed disclosures limit judicial oversight, or due process issues if the 48-hour challenge window is deemed too short; the civil action provision enhances accountability but might encourage frivolous suits.
• Political: Reflects a push for balancing public safety with technology regulation, potentially sparking debates on privacy vs. security, especially amid growing scrutiny of big tech's role in data handling; as an introduced bill, it may face opposition from industry groups advocating for more flexibility.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Pettersen, Brittany [D-CO-7]

Recent Actions

• 2026-02-09: Referred to the House Committee on the Judiciary.
• 2026-02-09: Introduced in House
• 2026-02-09: Introduced in House

Bill Versions

• Evergreen Community Safety Act of 2026 — issued 2026-02-09 — PDF (3 pages)