I 
116TH CONGRESS 
2D SESSION 
H. R. 8961 
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 
DECEMBER 14, 2020 
Mr. NADLER (for himself, Mr. SENSENBRENNER, Ms. DELBENE, and Mr. 
RODNEY DAVIS of Illinois) introduced the following bill; which was re-
ferred 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 Representa-
tives 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— 
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(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 other-
wise stored, held, or maintained by that 
service’’; 
(B) in paragraph (2)— 
(i) by striking ‘‘to the public’’; 
(ii) by striking ‘‘divulge’’ and insert-
ing ‘‘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 in-
serting ‘‘a person or entity providing’’; 
(2) in subsection (b)— 
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(A) in the matter preceding paragraph (1), 
by inserting ‘‘wire or electronic’’ before ‘‘com-
munication’’; 
(B) by amending paragraph (1) to read as 
follows: 
‘‘(1) to an originator, addressee, or intended re-
cipient 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 communica-
tion, or of the subscriber or customer on whose be-
half the provider stores, holds, or maintains such 
communication;’’; 
(3) in subsection (c) by inserting ‘‘wire or elec-
tronic’’ before ‘‘communications’’; 
(4) in each of subsections (b) and (c), by strik-
ing ‘‘divulge’’ and inserting ‘‘disclose’’; and 
(5) in subsection (c), by amending paragraph 
(2) to read as follows: 
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‘‘(2) with the lawful consent of the subscriber 
or customer;’’. 
SEC. 3. AMENDMENTS TO REQUIRED DISCLOSURE SEC-
TION. 
Section 2703 of title 18, United States Code, is 
amended— 
(1) by striking subsections (a) through (c) and 
inserting the following: 
‘‘(a) CONTENTS OF WIRE OR ELECTRONIC COMMU-
NICATIONS IN ELECTRONIC STORAGE.—Except as pro-
vided in subsections (i) and (j), a governmental entity may 
require the disclosure by a provider of electronic commu-
nication service of the contents of a wire or electronic com-
munication that is in electronic storage with or otherwise 
stored, held, or maintained by that service only if the gov-
ernmental entity obtains a warrant issued using the proce-
dures described in the Federal Rules of Criminal Proce-
dure (or, in the case of a State court, issued using State 
warrant procedures) that— 
‘‘(1) is issued by a court of competent jurisdic-
tion; and 
‘‘(2) may indicate the date by which the pro-
vider must make the disclosure to the governmental 
entity. 
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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. 
‘‘(b) CONTENTS OF WIRE OR ELECTRONIC COMMU-
NICATIONS IN A REMOTE COMPUTING SERVICE.— 
‘‘(1) IN GENERAL.—Except as provided in sub-
sections (i) and (j), a governmental entity may re-
quire the disclosure by a provider of remote com-
puting service of the contents of a wire or electronic 
communication that is stored, held, or maintained by 
that service only if the governmental entity obtains 
a warrant issued using the procedures described in 
the Federal Rules of Criminal Procedure (or, in the 
case of a State court, issued using State warrant 
procedures) that— 
‘‘(A) is issued by a court of competent ju-
risdiction; and 
‘‘(B) may indicate the date by which the 
provider must make the disclosure to the gov-
ernmental 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. 
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‘‘(2) APPLICABILITY.—Paragraph (1) is appli-
cable with respect to any wire or electronic commu-
nication that is stored, held, or maintained by the 
provider— 
‘‘(A) on behalf of, and received by means 
of electronic transmission from (or created by 
means of computer processing of communica-
tion received by means of electronic trans-
mission from), a subscriber or customer of such 
remote computing service; and 
‘‘(B) solely for the purpose of providing 
storage or computer processing services to such 
subscriber or customer, if the provider is not 
authorized to access the contents of any such 
communications for purposes of providing any 
services other than storage or computer proc-
essing. 
‘‘(c) RECORDS CONCERNING ELECTRONIC COMMU-
NICATION SERVICE OR REMOTE COMPUTING SERVICE.— 
‘‘(1) IN GENERAL.—Except as provided in sub-
sections (i) and (j), a governmental entity may re-
quire the disclosure by a provider of electronic com-
munication service or remote computing service of a 
record or other information pertaining to a sub-
scriber to or customer of such service (not including 
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the contents of wire or electronic communications), 
only— 
‘‘(A) if a governmental entity obtains a 
warrant issued using the procedures described 
in the Federal Rules of Criminal Procedure (or, 
in the case of a State court, issued using State 
warrant procedures) that— 
‘‘(i) is issued by a court of competent 
jurisdiction directing the disclosure; and 
‘‘(ii) may indicate the date by which 
the provider must make the disclosure to 
the governmental entity; 
‘‘(B) if a governmental entity obtains a 
court order directing the disclosure under sub-
section (d); 
‘‘(C) with the lawful consent of the sub-
scriber or customer; or 
‘‘(D) as otherwise authorized in paragraph 
(2). 
‘‘(2) SUBSCRIBER
OR
CUSTOMER
INFORMA-
TION.—A provider of electronic communication serv-
ice or remote computing service shall, in response to 
an administrative subpoena authorized by Federal or 
State statute, a grand jury, trial, or civil discovery 
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subpoena, or any means available under paragraph 
(1), disclose to a governmental entity the— 
‘‘(A) name; 
‘‘(B) address; 
‘‘(C) local and long distance telephone con-
nection records, or records of session times and 
durations; 
‘‘(D) length of service (including start 
date) and types of service used; 
‘‘(E) telephone or instrument number or 
other subscriber or customer number or iden-
tity, including any temporarily assigned net-
work address; and 
‘‘(F) means and source of payment for 
such service (including any credit card or bank 
account number), 
of a subscriber or customer of such service. 
‘‘(3) NOTICE NOT REQUIRED.—A governmental 
entity that receives records or information under 
this subsection is not required to provide notice to 
a subscriber or customer.’’; 
(2) in subsection (d)— 
(A) by striking ‘‘(b) or’’; 
(B) by striking ‘‘the contents of a wire or 
electronic communication, or’’; 
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(C) by striking ‘‘sought,’’ and inserting 
‘‘sought’’; and 
(D) by striking ‘‘section’’ and inserting 
‘‘subsection’’; and 
(3) 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), (b), (c), or (d) of this section. 
‘‘(i) RULE OF CONSTRUCTION RELATED TO LEGAL 
PROCESS.—Nothing in this section or in section 2702 
shall limit the authority of a governmental entity to use 
an administrative subpoena authorized by Federal or 
State statute, a grand jury, trial, or civil discovery sub-
poena, or a warrant issued using the procedures described 
in the Federal Rules of Criminal Procedure (or, in the 
case of a State court, issued using State warrant proce-
dures) by a court of competent jurisdiction to— 
‘‘(1) require an originator, addressee, or in-
tended recipient of a wire or electronic communica-
tion to disclose a wire or electronic communication 
(including the contents of that communication) to 
the governmental entity; 
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‘‘(2) require a person or entity that provides an 
electronic communication service to the officers, di-
rectors, employees, or agents of the person or entity 
(for the purpose of carrying out their duties) to dis-
close a wire or electronic communication (including 
the contents of that communication) to or from the 
person or entity itself or to or from an officer, direc-
tor, employee, or agent of the entity to a govern-
mental entity, if the wire or electronic communica-
tion is stored, held, or maintained on an electronic 
communications system owned, operated, or con-
trolled by the person or entity; or 
‘‘(3) require a person or entity that provides a 
remote computing service or electronic communica-
tion service to disclose a wire or electronic commu-
nication (including the contents of that communica-
tion) that advertises or promotes a product or serv-
ice and that has been made readily accessible to the 
general public. 
‘‘(j) RULE OF CONSTRUCTION RELATED TO CON-
GRESSIONAL 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, including the authority to compel the production 
of a wire or electronic communication (including the con-
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tents of a wire or electronic communication) that is stored, 
held, or maintained by a person or entity that provides 
remote computing service or electronic communication 
service.’’. 
SEC. 4. DELAYED NOTICE. 
Section 2705 of title 18, United States Code, is 
amended to read as follows: 
‘‘§ 2705. Delayed notice 
‘‘(a) IN GENERAL.—A governmental entity acting 
under section 2703 may apply to a court for an order di-
recting a provider of electronic communication service or 
remote computing service to which a warrant, order, sub-
poena, or other directive under section 2703 is directed 
not to notify any other person of the existence of the war-
rant, order, subpoena, or other directive. 
‘‘(b) DETERMINATION.—A court shall grant a re-
quest for an order made under subsection (a) for delayed 
notification of up to 180 days if the court determines that 
there is reason to believe that notification of the existence 
of the warrant, order, subpoena, or other directive will 
likely result in— 
‘‘(1) endangering the life or physical safety of 
an individual; 
‘‘(2) flight from prosecution; 
‘‘(3) destruction of or tampering with evidence; 
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‘‘(4) intimidation of potential witnesses; or 
‘‘(5) otherwise seriously jeopardizing an inves-
tigation or unduly delaying a trial. 
‘‘(c) EXTENSION.—Upon request by a governmental 
entity, a court may grant one or more extensions, for peri-
ods of up to 180 days each, of an order granted in accord-
ance with subsection (b).’’. 
SEC. 5. RULE OF CONSTRUCTION. 
Nothing in this Act or an amendment made by this 
Act shall be construed to preclude the acquisition by the 
United States Government of— 
(1) the contents of a wire or electronic commu-
nication pursuant to other lawful authorities, includ-
ing the authorities under chapter 119 of title 18 
(commonly known as the ‘‘Wiretap Act’’), the For-
eign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801 et seq.), or any other provision of Fed-
eral law not specifically amended by this Act; or 
(2) records or other information relating to a 
subscriber or customer of any electronic communica-
tion service or remote computing service (not includ-
ing the content of such communications) pursuant to 
the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1801 et seq.), chapter 119 of title 18 
(commonly known as the ‘‘Wiretap Act’’), or any 
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other provision of Federal law not specifically 
amended by this Act. 
Æ 
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