Subpoena Abuse Prevention Act
Sponsored By: Representative Espaillat, Adriano [D-NY-13]
Introduced
Summary
strengthen privacy protections for communications records and stop broad, non‑targeted collection by administrative subpoenas. It would also block subpoenas aimed at First Amendment activities, let providers notify users and seek legal advice, and require public reporting on subpoena use.
Show full summary
- Service providers and subscribers: Service providers could notify customers when they receive a subpoena and consult lawyers. Subpoenas would generally need to identify a named subscriber or account instead of allowing bulk, non‑targeted collection.
- People exercising free speech: People engaged in constitutionally protected activities would be shielded from subpoenas intended to investigate or retaliate. The government would have to provide a certification under penalty of perjury that the subpoena is for a lawful purpose and not aimed at protected activity.
- Federal agencies and transparency: Federal entities that use administrative subpoenas would have to publish an annual report showing how many subpoenas they issued and how many accounts provided information, broken down by the legal authority used.
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Bill Overview
Analyzed Economic Effects
1 provisions identified: 1 benefits, 0 costs, 0 mixed.
New limits on subpoenas for users
If enacted, the bill would stop agencies from using subpoenas to investigate, monitor, or punish people for protected speech or assembly. It would require a sworn certification, under penalty of perjury, that each subpoena has a lawful purpose; subpoenas or secrecy orders without that certification would be invalid. Service providers would be allowed to notify customers and consult lawyers unless a court issues a lawful nondisclosure order. Subpoenas would have to identify the specific subscriber or account before the covered period ends. Federal agencies would have to publish one yearly public report showing how many subpoenas they issued and how many accounts were affected, by legal authority, for the prior 12 months.
Sponsors & CoSponsors
Sponsor
Espaillat, Adriano [D-NY-13]
NY • D
Cosponsors
Rep. Massie, Thomas [R-KY-4]
KY • R
Sponsored 5/21/2026
Rep. Kelly, Robin L. [D-IL-2]
IL • D
Sponsored 5/21/2026
Rep. Burlison, Eric [R-MO-7]
MO • R
Sponsored 5/21/2026
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov