HR 387 · 115th Congress 2017–2019, ended

Email Privacy Act

Latest action · Feb 7, 2017 Received in the Senate and Read twice and referred to the Committee on the Judiciary.

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.

  1. IntroducedJan 9, 2017
  2. Passed HouseFeb 6, 2017
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Email Privacy Act

(Sec. 2) This bill amends the federal criminal code to revise provisions that limit an electronic communication service (ECS) or remote communication service (RCS) provider from voluntarily disclosing the contents of a wire or electronic communication that is in electronic storage.

(Sec. 3) The bill also revises the standards for the government to compel an ECS or RCS provider to disclose contents of a wire or electronic communication or noncontent records or information pertaining to a subscriber or customer.

The government must obtain a warrant to compel the disclosure of contents of a communication that is in electronic storage, or otherwise stored, held, or maintained by an ECS or RCS provider.

An ECS or RCS provider may notify a subscriber or customer of the receipt of a warrant, court order, subpoena, or request, unless the government obtains an order for delayed notification.

(Sec. 4) The bill revises the process for obtaining a delayed notification order and lengthens the maximum duration of a delayed notification order.

(Sec. 5) The bill does not preclude the government from acquiring, pursuant to other legal authorities: (1) contents of a wire or electronic communication, or (2) noncontent records or information related to a subscriber or customer.

Cosponsors 138

Members who signed on, in the order they did. Signatures ran from Jan 9, 2017 to Feb 6, 2017; 9 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
R-VABob GoodlatteOriginalJan 9, 2017
R-GADoug CollinsOriginalJan 9, 2017
D-COJared PolisOriginalJan 9, 2017
D-NYJerrold NadlerOriginalJan 9, 2017
D-MIJohn Conyers, Jr.OriginalJan 9, 2017
D-CAJudy ChuOriginalJan 9, 2017
D-WASuzan K. DelBeneOriginalJan 9, 2017
R-TXTed PoeOriginalJan 9, 2017
R-TXWill HurdOriginalJan 9, 2017
D-FLAlcee L. HastingsJan 24, 2017
D-NHAnn M. KusterJan 24, 2017
R-MOAnn WagnerJan 24, 2017
D-CAAnna G. EshooJan 24, 2017
R-ASAumua Amata Coleman RadewagenJan 24, 2017
R-VABarbara ComstockJan 24, 2017

Committees 2

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseJudiciary Committee
Referred Jan 9, 2017
Crime and Federal Government Surveillance Subcommittee
Referred Jan 10, 2017
SenateJudiciary Committee
Referred Feb 7, 2017

Actions 9

Everything that happened, newest first.

  1. Feb 7, 2017Received in the Senate and Read twice and referred to the Committee on the Judiciary.
  2. Feb 6, 2017Mr. Yoder moved to suspend the rules and pass the bill.
  3. Feb 6, 2017Considered under suspension of the rules. (consideration: CR H988-992)
  4. Feb 6, 2017DEBATE - The House proceeded with forty minutes of debate on H.R. 387.
  5. Feb 6, 2017Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H988-989)

In the Congressional Record 3

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.

WhereIn the RecordMembersDate
HouseDebate and remarks H8434Ken Buck R-CO, Ted Poe R-TXNov 2, 2017
ExtensionsDebate and remarks E186Henry C. "Hank" Johnson, Jr. D-GAFeb 14, 2017
HouseDebate and remarks H988–H992Text printed H988Bob Goodlatte R-VA, Eric Swalwell D-CA, Jared Polis D-CO, Jerrold Nadler D-NY, John Conyers, Jr. D-MI, Kevin Yoder R-KS, Tom Emmer R-MNFeb 6, 2017

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

Congress has the power to enact this legislation pursuant to the following: Amendment IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The sponsor’s statement, as printed in the Congressional Record, vol. 163, no. 5, January 9, 2017, page H236.

Printed hearings 1

Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.

NumberHearingCommitteeHeld
S. Hrg. 115-62UNMANNED AIRCRAFT SYSTEMS: INNOVATION, INTEGRATION, SUCCESSES,. AND CHALLENGES94 pagesCommerce, Science, and Transportation CommitteeMar 15, 2017

Related bills 2

Companion bills and other measures the record links to this one.

Titles 3

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
Short Titles as Passed House
Email Privacy Act

Subjects

Assigned by the Library of Congress. Policy area: Crime and Law Enforcement.

Text 3

Each version as it was printed, newest first.

  1. Feb 7, 2017Referred in Senate
  2. Feb 6, 2017Engrossed in House
  3. Jan 9, 2017Introduced in House

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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.