IIB 
115TH CONGRESS 
1ST SESSION 
H. R. 387 
IN THE SENATE OF THE UNITED STATES 
FEBRUARY 7 (legislative day, FEBRUARY 6), 2017 
Received; read twice and referred to the Committee on the Judiciary 
AN ACT 
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, 
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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— 
(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 
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(ii) by striking ‘‘a provider of’’ and in-
serting ‘‘a person or entity providing’’; 
(2) in subsection (b)— 
(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 
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(5) in subsection (c), by amending paragraph 
(2) to read as follows: 
‘‘(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 
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‘‘(2) may indicate the date by which the pro-
vider 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. 
‘‘(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. 
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