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Bill115th CongressFiled Jan 9, 2017Crime and Law Enforcement
H.R. 387

Email Privacy Act

Bill journey · stage 2 of 5

Under committee review

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Law

What it doesSummary passed house without amendment (Feb 6, 2017)

Email Privacy Act

(Sec. 2) This bill amends the federal criminal code to revise provisions that limit an electronic communication service (ECS) or remote communication service (RCS) provider from voluntarily disclosing the contents of a wire or electronic communication that is in electronic storage.

(Sec. 3) The bill also revises the standards for the government to compel an ECS or RCS provider to disclose contents of a wire or electronic communication or noncontent records or information pertaining to a subscriber or customer.

The government must obtain a warrant to compel the disclosure of contents of a communication that is in electronic storage, or otherwise stored, held, or maintained by an ECS or RCS provider.

An ECS or RCS provider may notify a subscriber or customer of the receipt of a warrant, court order, subpoena, or request, unless the government obtains an order for delayed notification.

(Sec. 4) The bill revises the process for obtaining a delayed notification order and lengthens the maximum duration of a delayed notification order.

(Sec. 5) The bill does not preclude the government from acquiring, pursuant to other legal authorities: (1) contents of a wire or electronic communication, or (2) noncontent records or information related to a subscriber or customer.

What just happenedFeb 7, 2017

Received in the Senate and Read twice and referred to the Committee on the Judiciary.

Who’s behind it

Rep. Yoder, Kevin [R-KS-3](R-KS)Sponsor
138 cosponsors53 D85 R
Read on Congress.gov
138cosponsors2committees11actions2related bills9subjects
  1. Feb 7, 2017IntroReferral

    Received in the Senate and Read twice and referred to the Committee on the Judiciary.

    Judiciary Committee
  2. Feb 6, 2017FloorH38310

    Motion to reconsider laid on the table Agreed to without objection.

  3. Feb 6, 2017FloorH37300

    On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H988-989)

  4. Feb 6, 2017Floor8000

    Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H988-989)

  5. Feb 6, 2017FloorH8D000

    DEBATE - The House proceeded with forty minutes of debate on H.R. 387.

  6. Feb 6, 2017FloorH30000

    Considered under suspension of the rules. (consideration: CR H988-992)

  7. Feb 6, 2017FloorH30300

    Mr. Yoder moved to suspend the rules and pass the bill.

  8. Jan 10, 2017Committee

    Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

    Crime and Federal Government Surveillance Subcommittee
  9. Jan 9, 2017IntroReferralH11100

    Referred to the House Committee on the Judiciary.

    Judiciary Committee
  10. Jan 9, 2017IntroReferralIntro-H

    Introduced in House

  11. Jan 9, 2017IntroReferral1000

    Introduced in House

Passed House without amendmentFeb 6, 201781

Email Privacy Act

(Sec. 2) This bill amends the federal criminal code to revise provisions that limit an electronic communication service (ECS) or remote communication service (RCS) provider from voluntarily disclosing the contents of a wire or electronic communication that is in electronic storage.

(Sec. 3) The bill also revises the standards for the government to compel an ECS or RCS provider to disclose contents of a wire or electronic communication or noncontent records or information pertaining to a subscriber or customer.

The government must obtain a warrant to compel the disclosure of contents of a communication that is in electronic storage, or otherwise stored, held, or maintained by an ECS or RCS provider.

An ECS or RCS provider may notify a subscriber or customer of the receipt of a warrant, court order, subpoena, or request, unless the government obtains an order for delayed notification.

(Sec. 4) The bill revises the process for obtaining a delayed notification order and lengthens the maximum duration of a delayed notification order.

(Sec. 5) The bill does not preclude the government from acquiring, pursuant to other legal authorities: (1) contents of a wire or electronic communication, or (2) noncontent records or information related to a subscriber or customer.

Introduced in HouseJan 9, 2017

Email Privacy Act

This bill amends the federal criminal code to revise provisions that limit an electronic communication service (ECS) or remote communication service (RCS) provider from disclosing the contents of a wire or electronic communication that is in electronic storage.

Additionally, it revises the standards for the government to compel an ECS or RCS provider to disclose contents of a wire or electronic communication or noncontent records or information pertaining to a subscriber or customer.

An ECS or RCS provider may notify a subscriber or customer of the receipt of a warrant, court order, subpoena, or request, unless the government obtains an order for delayed notification.

The bill revises the process for obtaining a delayed notification order and lengthens the maximum duration of a delayed notification order.

Email Privacy Act — Informed