June 1, 2026
Mr. Lee (for himself and Mr. Wyden) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
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
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), in the matter preceding subparagraph (A)—
(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 a provider of
and inserting a person or entity providing
; and
(ii)
by striking divulge
and inserting disclose
;
(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 (j) and (k), 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 (j) and (k), 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:
(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.
(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
.