Email Privacy Act

The Email Privacy Act aims to modernize privacy protections for electronic communications stored by third-party service providers, such as email and cloud storage services. It primarily strengthens the requirements for governmental entities to access stored electronic communications content, balancing consumer privacy with law enforcement needs. A key provision of the bill is the amendment to 18 U.S.C. 2703, which mandates that law enforcement generally obtain a warrant issued by a court of competent jurisdiction to compel the disclosure of stored electronic communication content. This change eliminates the previous distinction that allowed access to communications stored for more than 180 days with a subpoena or court order, effectively requiring a warrant for all stored content regardless of age. The bill also repeals subsection (b) of 2703, which previously governed access to older communications. Furthermore, the Act clarifies the conditions under which providers may voluntarily disclose information under 18 U.S.C. 2702, expanding the definition of who can provide lawful consent for such disclosures. It also permits providers of electronic communication or remote computing services to notify subscribers or customers when they receive a warrant, court order, or subpoena for their data, unless otherwise prohibited. The legislation also clarifies that its provisions do not alter existing authorities for governmental entities to obtain communications from a provider's own employees or agents, or for communications that are publicly available advertisements. Additionally, it explicitly states that the bill does not limit the power of inquiry vested in Congress by the Constitution.