This bill, known as the Subpoena Abuse Prevention Act , aims to significantly reform the use of administrative subpoenas by governmental entities. It introduces new protections to prevent the misuse of these subpoenas for investigating activities protected by the Constitution, such as free speech, press, religion, assembly, or petition, or for retaliating against individuals engaged in such activities. To enforce this, governmental entities are now required to provide a certification under penalty of perjury affirming the legitimate and lawful purpose of any subpoena, ensuring it is not used for prohibited purposes. Furthermore, the legislation prohibits the bulk collection of subscriber information through administrative, grand jury, or trial subpoenas without specific identification of the individual. It mandates that governmental entities identify the subscriber or customer by name, address, network address, or account identifier. The bill also enhances transparency and due process by requiring federal entities to annually publish reports detailing the number of administrative subpoenas issued and the accounts for which information was obtained, disaggregated by statutory authority. Service providers are also explicitly informed that they may notify customers of a subpoena and seek legal counsel, unless a specific court order prevents such disclosure.
This bill, known as the Subpoena Abuse Prevention Act , aims to significantly reform the use of administrative subpoenas by governmental entities. It introduces new protections to prevent the misuse of these subpoenas for investigating activities protected by the Constitution, such as free speech, press, religion, assembly, or petition, or for retaliating against individuals engaged in such activities. To enforce this, governmental entities are now required to provide a certification under penalty of perjury affirming the legitimate and lawful purpose of any subpoena, ensuring it is not used for prohibited purposes. Furthermore, the legislation prohibits the bulk collection of subscriber information through administrative, grand jury, or trial subpoenas without specific identification of the individual. It mandates that governmental entities identify the subscriber or customer by name, address, network address, or account identifier. The bill also enhances transparency and due process by requiring federal entities to annually publish reports detailing the number of administrative subpoenas issued and the accounts for which information was obtained, disaggregated by statutory authority. Service providers are also explicitly informed that they may notify customers of a subpoena and seek legal counsel, unless a specific court order prevents such disclosure.