Email Privacy Act
Sponsored By: Senator Lee, Mike [R-UT]
Introduced
Summary
Modernize privacy protections for stored electronic communications and clarify when government entities can obtain those communications from third‑party service providers. This bill would update key disclosure and warrant rules in 18 U.S.C. §2702 and §2703 to reflect modern electronic and cloud services.
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- Families and consumers: Expands who may receive disclosures to include an originator, addressee, intended recipient, the subscriber or customer, and their agents. It also creates an explicit option for providers to notify subscribers or customers when they receive a warrant, court order, subpoena, or similar request.
- Service providers: Replaces the term “divulge” with “disclose” and broadens covered material to communications “in electronic storage” or otherwise stored, held, or maintained by providers. It also brings remote computing services alongside electronic communication services in the statute.
- Government and courts: Requires warrants to be issued by a court of competent jurisdiction and lets warrants set a date for required disclosure with a prompt response otherwise. It also expands the kinds of legal process that may compel disclosure under the revised §2703, such as administrative subpoenas and grand jury or civil discovery orders.
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 0 benefits, 0 costs, 3 mixed.
New rules for government access
If enacted, the bill would change how the government can force providers to give stored communications. It would repeal the 180-day stored-communications carve-out and remove subsection (b) of 18 U.S.C. 2703. Governmental entities would generally need a warrant issued by a court of competent jurisdiction, except as provided in new subsections (j) and (k). Warrants could set a date for disclosure; if no date is set, providers would have to respond promptly. The bill would also explicitly recognize responses to administrative subpoenas authorized by federal or state law, grand-jury subpoenas, trial subpoenas, and civil-discovery subpoenas.
New provider notice and sharing rules
If enacted, the bill would expand which companies are covered. Providers of electronic communication or remote computing services would be included. Providers could optionally notify a subscriber or customer if they receive a warrant, court order, subpoena, or certain requests; that notice could still be blocked under existing exceptions. The bill would also let providers voluntarily disclose stored wire or electronic communications to the sender, recipient, intended recipient, the subscriber or customer on whose behalf the provider stores the communication, or an agent of any of these, but only with lawful consent.
Exceptions that preserve government access
If enacted, the bill would say that sections on disclosure do not limit some government access. That includes messages where the sender or recipient is a company officer, director, employee, or agent acting for the provider. It also includes communications that advertise or promote a product and have been made readily available to the public. The bill would also say it does not limit Congress's Article I power of inquiry.
Sponsors & CoSponsors
Sponsor
Lee, Mike [R-UT]
UT • R
Cosponsors
Sen. Wyden, Ron [D-OR]
OR • D
Sponsored 6/1/2026
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov