Subpoena Abuse Prevention Act
- Bill Number
- H.R. 8966
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Crime and Law Enforcement
- Status
- Introduced
- Latest Action
- 2026-05-21: Referred to the House Committee on the Judiciary.
- Last Updated
- 2026-06-17T14:25:09Z
AI-Generated Summary
Purpose This legislation, titled the Subpoena Abuse Prevention Act, amends section 2703 of title 18, United States Code, to limit the use of administrative subpoenas for obtaining certain customer communications and records from service providers. It aims to prevent misuse of these subpoenas for broad data collection or investigations tied to protected constitutional activities.
Key Provisions
- Removes one category of basic subscriber information from the list obtainable via subpoena under section 2703(c)(2) and redesignates the remaining items.
- Requires that any administrative, grand jury, or trial subpoena for subscriber information must identify the specific subscriber or customer by name, address, network address, or account identifier, prohibiting bulk collection.
- Bars governmental entities from using subpoenas to require disclosures if the purpose is to investigate, monitor, or retaliate against activities protected by the Constitution, such as free speech, press, religion, assembly, or petition.
- Mandates that governmental entities provide a certification under penalty of perjury stating the subpoena serves a legitimate purpose and is not aimed at protected activities; this certification must go to the service provider and, when applicable, to the court.
- Requires governmental entities to inform service providers that they may notify customers or subscribers of the subpoena and consult an attorney, unless a nondisclosure order is obtained.
- Directs federal governmental entities to annually publish public reports on the number of administrative subpoenas issued and the accounts affected, broken down by statutory authority.
Significant Changes to Existing Law The bill modifies the Electronic Communications Privacy Act (ECPA) by tightening subpoena requirements in section 2703(c). It eliminates the ability to obtain certain records without specific identification, adds explicit prohibitions on targeting constitutionally protected activities, introduces mandatory certifications, and establishes new disclosure and reporting rules. These represent expansions of subscriber protections beyond current subpoena standards.
Potential Impacts
- On government agencies: Limits flexibility in using administrative subpoenas for data gathering, requires additional certifications and public reporting, and may slow investigations involving service provider records.
- On citizens: Enhances privacy by restricting bulk data access and shielding constitutionally protected activities from subpoena-based monitoring.
- On international relations: No direct provisions address foreign entities or cross-border issues, though service providers operating internationally may face new compliance obligations.
Main Stakeholders Affected
- Federal, state, and local governmental entities that issue subpoenas for electronic records.
- Service providers, such as telecommunications companies and app-based platforms, that must comply with subpoena rules and certifications.
- Individual subscribers and customers whose records are sought.
- Courts, which review applications for nondisclosure orders and receive certifications.
Notable Legal, Constitutional, or Political Implications The bill explicitly links subpoena use to First Amendment protections by prohibiting subpoenas intended to investigate or retaliate against protected activities, with required certifications to enforce this. It may raise questions about enforcement of the certification requirement and the balance between law enforcement needs and privacy rights. The public reporting mandate promotes transparency in federal subpoena practices.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Espaillat, Adriano [D-NY-13]
Cosponsors (3)
Rep. Massie, Thomas [R-KY-4], Rep. Kelly, Robin L. [D-IL-2], Rep. Burlison, Eric [R-MO-7]
Recent Actions
- 2026-05-21: Referred to the House Committee on the Judiciary.
- 2026-05-21: Introduced in House
- 2026-05-21: Introduced in House
Bill Versions
- Subpoena Abuse Prevention Act — issued 2026-05-21 — PDF (7 pages)