Email Privacy Act

Bill: 114-hr-699
Sponsor: Rep. Yoder, Kevin [R-KS-3]
Introduced: 2015-02-04 in the House
Policy area: Crime and Law Enforcement
Subjects: Business records
Congressional oversight
Consumer affairs
Criminal investigation, prosecution, interrogation
Criminal procedure and sentencing
Internet and video services
Internet, web applications, social media
Right of privacy
Telephone and wireless communication

Summary:
action_date: 2015-02-04
text: 

Email Privacy Act

 
Amends the Electronic Communications Privacy Act of 1986 to prohibit a provider of remote computing service or electronic communication service to the public from knowingly divulging to a governmental entity the contents of any communication that is in electronic storage or otherwise maintained by the provider, subject to exceptions.
 
Revises provisions under which the government may require a provider to disclose the contents of such communications. Eliminates the different requirements applicable under current law depending on whether such communications were: (1) stored for fewer than, or more than, 180 days by an electronic communication service; or (2) held by an electronic communication service as opposed to a remote computing service. 
 
Requires the government to obtain a warrant from a court before requiring providers to disclose the content of such communications regardless of how long the communication has been held in electronic storage by an electronic communication service or whether the information is sought from an electronic communication service or a remote computing service
 
Requires a law enforcement agency, within 10 days after receiving the contents of a customer's communication, or a governmental entity, within 3 days, to provide a customer whose communications were disclosed by the provider a copy of the warrant and a notice that such information was requested by, and supplied to, the government entity. Allows the government to request delays of such notifications. 
 
Prohibits disclosure requirements that apply to providers from being construed to limit the government's authority to use an administrative or civil discovery subpoena to require: (1) an originator or recipient of an electronic communication to disclose the contents of such communication, or (2) an entity that provides electronic communication services to its employees or agents to disclose the contents of an electronic communication to or from such employee or agent if the communication is on an electronic communications system owned or operated by the entity. 
 
Allows the government to apply for an order directing a provider, for a specified period, to refrain from notifying any other person that the provider has been required to disclose communications or records.
 
Directs the Comptroller General to report to Congress regarding disclosures of customer communications and records under provisions: (1) as in effect before the enactment of this Act, and (2) as amended by this Act.

action_date: 2016-04-27
text: 

Email Privacy Act

 
(Sec. 2)This bill amends the Electronic Communications Privacy Act of 1986 tomake a series of technical changes to clarify that the voluntary disclosure prohibitions and exceptions to such prohibitions apply to the content of communications regardless of whether the communications are held in storage or have been read.
 
(Sec. 3)Additionally, the bill amends the Electronic Communications Privacy Act of 1986 to revise the standards for when a governmental entity may compel disclosure of communications content from a third party service provider.The bill removes the authority of a government entity to acquire the contents of a communication with a court order.Thegovernment must have a warrant to acquire the contents of a communication from a third party provider.A governmental entity that receives a subscriber'srecords or information from a provider is not required to provide notice to such person; however, a provider may notify a subscriberof a request to disclose information to the government.
 
(Sec. 4)A governmental entity may apply for a court order directing a provider, for up to 180 days, to refrain from notifying any person that the provider has been required to disclose communications or records. Additionally, a governmental entity is allowed to seek one or more extensions of the delayed-notice order for periods of up to 180 days each.The government does not have to demonstrate with certainty that an adverse result will occur from notification; it only has to demonstrate that an adverse result is likely to occur.


Legislative actions:
action_date: 2016-04-28
text: Received in the Senate.
action_date: 2016-04-27
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2016-04-27
text: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 419 - 0 (Roll no. 167). (text: CR H2022-2023)
action_date: 2016-04-27
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 419 - 0 (Roll no. 167).(text: CR H2022-2023)
action_date: 2016-04-27
text: Considered as unfinished business. (consideration: CR H2022-2023)
action_date: 2016-04-27
text: At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
action_date: 2016-04-27
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 699.
action_date: 2016-04-27
text: Considered under suspension of the rules. (consideration: CR H2022-2028)
action_date: 2016-04-27
text: Mr. Goodlatte moved to suspend the rules and pass the bill, as amended.
action_date: 2016-04-26
text: Placed on the Union Calendar, Calendar No. 408.
action_date: 2016-04-26
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 114-528.
action_date: 2016-04-26
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 114-528.
action_date: 2016-04-13
text: Ordered to be Reported (Amended) by the Yeas and Nays: 28 - 0.
action_date: 2016-04-13
text: Committee Consideration and Mark-up Session Held.
action_date: 2015-12-01
text: Committee Hearings Held.
action_date: 2015-11-17
text: Subcommittee on Crime, Terrorism, Homeland Security, and Investigations Discharged.
action_date: 2015-03-17
text: Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
action_date: 2015-02-04
text: Referred to the House Committee on the Judiciary.
action_date: 2015-02-04
text: Introduced in House
action_date: 2015-02-04
text: Introduced in House