Email Privacy Act
- Bill Number
- H.R. 9016
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Crime and Law Enforcement
- Status
- Introduced
- Latest Action
- 2026-05-22: Referred to the House Committee on the Judiciary.
- Last Updated
- 2026-06-26T11:44:06Z
AI-Generated Summary
Purpose This legislation amends Title 18 of the United States Code to strengthen privacy safeguards for electronic communications stored by third-party providers. It aims to protect consumer privacy interests while still allowing law enforcement access when needed through updated legal processes.
Key Provisions
- Updates language in voluntary disclosure rules (Section 2702) by replacing "divulge" with "disclose" and broadening descriptions of stored communications to include those held or maintained by providers.
- Revises required disclosure rules (Section 2703) to clarify that governmental entities must generally obtain a warrant from a court for access to stored communications content, with options for subpoenas or other authorized means in specific cases.
- Removes the previous 180-day storage threshold that distinguished access requirements for older emails.
- Adds provisions allowing providers to notify subscribers or customers when they receive legal process for their data, except in cases covered by existing delayed-notice rules.
- Includes rules clarifying that the law does not restrict government access to communications involving provider employees acting in their official capacity or to publicly available promotional content.
- Preserves Congress's constitutional authority to issue subpoenas.
Significant Changes to Existing Law
- Eliminates the outdated 180-day distinction for stored communications, requiring warrants for content access regardless of how long the data has been held.
- Standardizes terminology across sections to better reflect modern storage practices by third-party services.
- Repeals the prior subsection (b) that treated older stored communications differently.
- Introduces explicit notice permissions for providers and new rules of construction to address edge cases.
Potential Impacts
- On government agencies: Law enforcement may face stricter warrant requirements for accessing stored email content, potentially increasing administrative burdens while standardizing processes.
- On citizens: Enhanced privacy protections for personal electronic communications stored by service providers.
- On international relations: No direct provisions address cross-border data issues, though updated domestic rules could indirectly affect cooperation with foreign entities.
Main Stakeholders Affected
- Consumers and subscribers of email and remote computing services.
- Providers of electronic communication and remote computing services.
- Federal, state, and local law enforcement agencies.
- Congressional committees and members involved in oversight.
Notable Legal, Constitutional, or Political Implications
- Strengthens Fourth Amendment-related privacy expectations for stored digital communications by aligning access rules with warrant standards.
- Explicitly preserves Article I congressional subpoena powers, avoiding any limitation on legislative inquiry authority.
- The changes promote a balanced framework between privacy and investigative needs without altering core constitutional structures.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. DelBene, Suzan K. [D-WA-1]
Cosponsors (8)
Rep. Davidson, Warren [R-OH-8], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Pingree, Chellie [D-ME-1], Rep. Watson Coleman, Bonnie [D-NJ-12], Rep. Fleischmann, Charles J. "Chuck" [R-TN-3], Rep. Ruiz, Raul [D-CA-25], Rep. Perry, Scott [R-PA-10], Rep. Lieu, Ted [D-CA-36]
Recent Actions
- 2026-05-22: Referred to the House Committee on the Judiciary.
- 2026-05-22: Introduced in House
- 2026-05-22: Introduced in House
Bill Versions
- Email Privacy Act — issued 2026-05-22 — PDF (9 pages)