S. 4649

119 S4649 IS: Email Privacy Act
 U.S. Senate
 2026-06-01
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  2d Session  S. 4649  IN THE SENATE OF THE UNITED STATES   June 1, 2026   Mr. Lee  (for himself and  Mr. Wyden ) introduced the following bill; which was read twice and referred to the  Committee on the Judiciary    A BILL
To amend title 18, United States Code, to update the privacy protections for electronic communications information that is stored by third-party service providers in order to protect consumer privacy interests while meeting law enforcement needs, and for other purposes.
1.
Short title
This Act may be cited as the   Email Privacy Act  .
2.
Voluntary disclosure corrections
Section 2702 of title 18, United States Code, is amended—
(1)
in subsection (a)—
(A)
in paragraph (1)—
(i)
by striking  divulge  and inserting  disclose ; and
(ii)
by striking  while in electronic storage by that service  and inserting  that is in electronic storage with or otherwise stored, held, or maintained by that service ;
(B)
in paragraph (2), in the matter preceding subparagraph (A)—
(i)
by striking  to the public ;
(ii)
by striking  divulge  and inserting  disclose ; and
(iii)
by striking  which is carried or maintained on that service  and inserting  that is stored, held, or maintained by that service ; and
(C)
in paragraph (3)—
(i)
by striking  a provider of  and inserting  a person or entity providing ; and
(ii)
by striking  divulge  and inserting  disclose ;
(2)
in subsection (b)—
(A)
in the matter preceding paragraph (1)—
(i)
by striking  divulge  and inserting  disclose ; and
(ii)
by inserting  wire or electronic  before  communication ;
(B)
by amending paragraph (1) to read as follows:
(1)
to an originator, addressee, or intended recipient of such communication, to the subscriber or customer on whose behalf the provider stores, holds, or maintains such communication, or to an agent of such addressee, intended recipient, subscriber, or customer;
 ; and
(C)
by amending paragraph (3) to read as follows:
(3)
with the lawful consent of the originator, addressee, or intended recipient of such communication, or of the subscriber or customer on whose behalf the provider stores, holds, or maintains such communication;
 ; and
(3)
in subsection (c)—
(A)
in the matter preceding paragraph (1)—
(i)
by striking  divulge  and inserting  disclose ; and
(ii)
by inserting  wire or electronic  before  communications ; and
(B)
by amending paragraph (2) to read as follows:
(2)
with the lawful consent of the subscriber or customer;
 .
3.
Amendments to required disclosure section
(a)
In general
Section 2703 of title 18, United States Code is amended—
(1)
in subsection (a)—
(A)
by striking  A governmental entity  and inserting  Except as provided in subsections (j) and (k), a governmental entity ;
(B)
by striking  provider of electronic communication service  and inserting  provider of electronic communication service or remote computing service ;
(C)
by striking  pursuant to  and inserting  if the governmental entity obtains ;
(D)
by striking  by a court of competent jurisdiction.  and inserting  that is issued by a court of competent jurisdiction and that may indicate the date by which the provider must make the disclosure to the governmental entity. In the absence of a date on the warrant indicating the date by which the provider must make disclosure to the governmental entity, the provider shall promptly respond to the warrant. ; and
(E)
by striking  provider of electronic communication services  and inserting  provider of electronic communication service or remote computing service ;
(2)
in subsection (c)—
(A)
in paragraph (1)—
(i)
in the matter preceding subparagraph (A)—
(I)
by striking  A governmental entity  and inserting  Except as provided in subsections (j) and (k), a governmental entity ; and
(II)
by striking  only when the governmental entity  and inserting  only ;
(ii)
in subparagraph (A)—
(I)
by striking  obtains a warrant issued  and inserting  if the governmental entity obtains a warrant ;
(II)
by striking  by the President) by a court  and inserting the following:
by the President) that—
(i)
is issued by a court
 ;
(III)
by inserting  and  after  jurisdiction; ; and
(IV)
by adding at the end the following:
(ii)
may indicate the date by which the provider must make the disclosure to the governmental entity;
 ;
(iii)
in subparagraph (B), by inserting  if the governmental entity  before  obtains ;
(iv)
in subparagraph (C), by striking  has the consent of the subscriber or customer to such disclosure;  and inserting  with the lawful consent of the subscriber or customer; or ;
(v)
by striking subparagraph (D);
(vi)
by redesignating subparagraph (E) as subparagraph (D); and
(vii)
in subparagraph (D), as so redesignated, by striking  seeks information  and inserting  as otherwise authorized ; and
(B)
in paragraph (2)—
(i)
in the matter preceding subparagraph (A), by inserting  , in response to an administrative subpoena authorized by Federal or State statute, a grand jury, trial, or civil discovery subpoena, or any means available under paragraph (1),  after  shall ; and
(ii)
in the matter following subparagraph (F), by striking  of a subscriber  and all that follows and inserting  of a subscriber or customer of such service. ;
(3)
in subsection (d)—
(A)
by striking  the contents of a wire or electronic communication, or ;
(B)
by striking  sought,  and inserting  sought ; and
(C)
by striking  section  and inserting  subsection ; and
(4)
by adding at the end the following:
(i)
Notice
Except as provided in section 2705, a provider of electronic communication service or remote computing service may notify a subscriber or customer of a receipt of a warrant, court order, subpoena, or request under subsection (a), (c), or (d) of this section.
(j)
Rule of Construction Related to Legal Process
Nothing in this section or in section 2702 shall modify the authorities for a governmental entity to obtain a wire or electronic communication (including the contents of that communication) from a provider of a remote computing service or electronic communication service if—
(1)
the originator, addressee, or intended recipient of such communication is an officer, director, employee, or agent of the provider acting in their capacity as such an officer, director, employee, or agent; or
(2)
the communication—
(A)
advertises or promotes a product or service; and
(B)
has been made readily available to the general public.
(k)
Rule of Construction Related to Congressional Subpoenas
Nothing in this section or in section 2702 shall limit the power of inquiry vested in the Congress by article I of the Constitution of the United States.
 .
(b)
Warrant requirement for stored communications content
Section 2703 of title 18, United States Code, is amended—
(1)
in subsection (a)—
(A)
by striking  , that is in electronic storage in an electronic communications system for one hundred and eighty days or less, ; and
(B)
by striking the last sentence;
(2)
by striking subsection (b) and inserting the following:
(b)
[Repealed].
 ; and
(3)
in subsection (d) by striking  (b) or .