Email Privacy Act

New rules for email and cloud privacy

If enacted, the bill would update federal privacy rules for email and cloud (remote computing) services. It would make cloud and remote computing providers explicitly covered. It would expand the legal papers that can force providers to give stored messages and records, including administrative subpoenas, grand jury demands, and civil discovery subpoenas. Warrants could set the date for disclosure; if no date is given, providers would be required to respond promptly. The bill would clarify when providers may voluntarily disclose stored messages and say disclosures are allowed to senders, recipients, the account subscriber, or their agents with lawful consent. Providers would be allowed, but not required, to notify customers when they receive a warrant or subpoena, subject to existing secrecy rules. The bill would also preserve Congressional subpoena power and carve out cases where provider personnel acting for the company or publicly available promotional messages may be obtained.