H.R. 9016

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9016 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 9016

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

May 22, 2026

Ms. DelBene (for herself and Mr. Davidson) 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)--
(i) by striking ``divulge'' and inserting 
``disclose''; and
(ii) 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;''; and
(3) in subsection (c)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``divulge'' and inserting 
``disclose''; and
(ii) by inserting ``wire or electronic'' 
before ``communications''; and
(B) 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.

(a) In General.--Section 2703 of title 18, United States Code is 
amended--
(1) in subsection (a)--
(A) by striking ``A governmental entity'' and 
inserting ``Except as provided in subsections (i) and 
(j), a governmental entity'';
(B) by striking ``provider of electronic 
communication service'' and inserting ``provider of 
electronic communication service or remote computing 
service'';
(C) by striking ``pursuant to'' and inserting ``if 
the governmental entity obtains'';
(D) 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
(E) by striking ``provider of electronic 
communication services'' and inserting ``provider of 
electronic communication service or remote computing 
service'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph 
(A)--
(I) by striking ``A governmental 
entity'' and inserting ``Except as 
provided in subsections (i) and (j), a 
governmental entity''; and
(II) by striking ``only when the 
governmental entity'' and inserting 
``only'';
(ii) in subparagraph (A)--
(I) by striking ``obtains a warrant 
issued'' and inserting ``if the 
governmental entity obtains a 
warrant'';
(II) by striking ``by the 
President) by a court'' and inserting 
the following: ``by the President) 
that--
``(i) is issued by a court'';
(III) by inserting ``and'' after 
``jurisdiction;''; and
(IV) by adding at the end the 
following:
``(ii) may indicate the date by which the 
provider must make the disclosure to the 
governmental entity;'';
(iii) in subparagraph (B), by inserting 
``if the governmental entity'' before 
``obtains'';
(iv) 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'';
(v) by striking subparagraph (D);
(vi) by redesignating subparagraph (E) as 
subparagraph (D);and
(vii) in subparagraph (D), as so 
redesignated, by striking ``seeks information'' 
and inserting ``as otherwise authorized''; and
(B) in paragraph (2)--
(i) 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
(ii) 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.'';
(3) in subsection (d)--
(A) by striking ``the contents of a wire or 
electronic communication, or'';
(B) by striking ``sought,'' and inserting 
``sought''; and
(C) by striking ``section'' and inserting 
``subsection''; and
(4) 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), (c), or (d) of this section.
``(i) 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.
``(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.''
(b) Warrant Requirement for Stored Communications Content.--Section 
2703 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``, that is in electronic storage 
in an electronic communications system for one hundred 
and eighty days or less,''; and
(B) by striking the last sentence;
(2) by striking subsection (b) and inserting the following:
``(b) [Repealed].''; and
(3) in subsection (d) by striking ``(b) or''.
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