Email Privacy Act
Latest action · Jun 14, 2013 Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedMay 7, 2013
- Passed HouseNot reached
- Passed SenateNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
Email Privacy Act - Amends the Electronic Communications Privacy Act of 1986 to prohibit a provider of remote computing service or electronic communication service to the public from knowingly divulging to any governmental entity the contents of any communication that is in electronic storage or otherwise maintained by the provider.
Revises provisions under which the government may require, pursuant to a warrant, the disclosure by such a provider of the contents of such communications. Eliminates the different requirements applicable under current law depending on whether such communications were stored for fewer than, or more than, 180 days. Requires a law enforcement agency, within 10 days after receiving the contents of a customer's communication, or a governmental entity, within 3 days, to provide the customer a copy of the warrant and a notice that such information was requested by, and supplied to, the government entity.
Provides that nothing in this Act shall be construed to limit the authority of a governmental entity to use an administrative or civil discovery subpoena to: (1) require an originator or recipient of an electronic communication to disclose the contents of such communication to the governmental entity; or (2) require an entity that provides electronic communication services to employees or agents of the entity to disclose the contents of an electronic communication to or from such employee or agent to a governmental entity if the communication is held, stored, or maintained on an electronic communications system owned or operated by the entity.
Authorizes a governmental entity that is: (1) seeking a warrant for the contents of communications to include in the application a request for an order delaying the notification required for up to 180 days, in the case of a law enforcement agency, or up to 90 days, in the case of any other governmental entity; and (2) obtaining the contents of a communication, or information or records, to apply to a court for an order directing a provider of electronic communication service or remote computing service to which a warrant, order, subpoena, or other directive is directed not to notify any other person of the existence of the directive for up to 180 days, in the case of of a law enforcement agency, or up to 90 days, in the case of any other governmental entity. Provides for extensions.
Requires service providers, after such extension, to provide the government three business days' notice of their intent to inform a customer or subscriber that the provider has disclosed the individual's electronic communications information to the government.
Directs the Comptroller General to report to Congress by September 30, 2015, regarding the disclosure by electronic communication service providers of customer communications and records, including an analysis and evaluation of such disclosure under provisions: (1) as in effect before the enactment of this Act, and (2) as amended by this Act.
Cosponsors 272
Members who signed on, in the order they did. Signatures ran from May 7, 2013 to Nov 17, 2014; 1 is an original cosponsor, there from the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| R-GA | Tom Graves | Original | May 7, 2013 |
| R-KY | Andy Barr | May 20, 2013 | |
| R-MD | Andy Harris | May 20, 2013 | |
| D-MS | Bennie G. Thompson | May 20, 2013 | |
| R-MI | Bill Huizenga | May 20, 2013 | |
| R-TN | Charles J. "Chuck" Fleischmann | May 20, 2013 | |
| R-PA | Charles W. Dent | May 20, 2013 | |
| D-GA | Henry C. "Hank" Johnson, Jr. | May 20, 2013 | |
| R-GA | Jack Kingston | May 20, 2013 | |
| D-CO | Jared Polis | May 20, 2013 | |
| R-SC | Jeff Duncan | May 20, 2013 | |
| R-OK | Jim Bridenstine | May 20, 2013 | |
| R-TX | Joe Barton | May 20, 2013 | |
| R-TX | John Abney Culberson | May 20, 2013 | |
| R-LA | John Fleming | May 20, 2013 |
Committees 1
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| House | Judiciary Committee | Referred May 7, 2013 |
| Crime and Federal Government Surveillance Subcommittee | Referred Jun 14, 2013 |
Actions 3
Everything that happened, newest first.
- Jun 14, 2013Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
- May 7, 2013Introduced in House
- May 7, 2013Referred to the House Committee on the Judiciary.
In the Congressional Record 4
Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.
| Where | In the Record | Members | Date |
|---|---|---|---|
| House | Debate and remarks H4998 | Paul A. Gosar R-AZ | May 29, 2014 |
| House | Debate and remarks H1730 | Kevin Yoder R-KS | Feb 11, 2014 |
| House | Debate and remarks H7700 | Kevin Yoder R-KS | Dec 12, 2013 |
| House | Debate and remarks H4867 | Richard B. Nugent R-FL | Jul 23, 2013 |
Research
What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
Constitutional authority
The sponsor’s statement, as printed in the page H7253.
Printed hearings 1
Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.
| Number | Hearing | Committee | Held |
|---|---|---|---|
| Serial No. 113-77 | FEDERAL BUREAU OF INVESTIGATION79 pages | Judiciary Committee | Jun 11, 2014 |
Related bills 3
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| S 607 | Electronic Communications Privacy Act Amendments Act of 2013 | Related bill | May 16, 2013 |
| HR 1847 | Electronic Communications Privacy Act Amendments Act of 2013 | Related bill | Jun 14, 2013 |
| HR 3557 | REAP Act of 2013 | Related bill | Jan 9, 2014 |
Titles 2
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- 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.
- Short Titles as Introduced
- Email Privacy Act
Subjects
Assigned by the Library of Congress. Policy area: Crime and Law Enforcement.
Text 1
Each version as it was printed, newest first.
- May 7, 2013Introduced in House
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.
