Subpoena Abuse Prevention Act

The "Subpoena Abuse Prevention Act" aims to prevent the abuse of administrative subpoenas by amending section 2703 of title 18, United States Code. It ensures consistent protections for phone and app-based communication records and specifically prohibits the use of subpoenas for bulk collection of subscriber information, requiring governmental entities to identify specific individuals. A key provision of the bill prohibits governmental entities from using subpoenas to investigate or retaliate against individuals engaged in constitutionally protected activities , such as free speech or religion. To enforce this, governmental entities must provide a certification under penalty of perjury , attesting that the subpoena serves a legitimate and lawful purpose, not targeting protected activities, otherwise the subpoena is deemed invalid. Furthermore, the bill clarifies that service providers may notify customers of a subpoena and seek legal advice, unless a specific nondisclosure order is obtained. It also mandates that federal governmental entities annually publicly report the number of administrative subpoenas issued and the number of accounts for which information was received, disaggregated by the statutory authority under which they were issued.