Sec. 503. Email Privacy Act
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/bill/118/s/3234/is/section-503·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
This section may be cited as the Email Privacy Act . Section 2702 of title 18, United States Code, is amended— in subsection (a)— in paragraph (1)— by striking divulge and inserting disclose ; and 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 ; in paragraph (2)— by striking to the public ; by striking divulge and inserting disclose ; and by striking which is carried or maintained on that service and inserting that is stored, held, or maintained by that service ; and in paragraph (3)— by striking divulge and inserting disclose ; and by striking a provider of and inserting a person or entity providing ; in subsection (b)— in the matter preceding paragraph (1), by inserting wire or electronic before communication ; by amending paragraph
(1)to read as follows: 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 by amending paragraph
(3)to read as follows: 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; ; in subsection
(c)by inserting wire or electronic before communications ; in each of subsections
(b)and (c), by striking divulge and inserting disclose ; and in subsection (c), by amending paragraph
(2)to read as follows: with the lawful consent of the subscriber or customer; . Section 2703 of title 18, United States Code, as amended by this Act, is amended— in subsection (a)— by striking A governmental entity and inserting Except as provided in subsections
(l)and (m), a governmental entity ; by striking pursuant to and inserting if the governmental entity obtains ; and 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. ; in subsection (c)— in paragraph (1)— in the matter preceding subparagraph (A)— by striking A governmental entity and inserting Except as provided in subsections
(l)and (m), a governmental entity ; and by striking only when the governmental entity— and inserting only— in subparagraph (A)— by striking obtains a warrant issued and inserting if the governmental entity obtains a warrant ; by striking by the President) by a court and inserting the following: “by the President) that— is issued by a court ; by inserting and after jurisdiction; ; and by adding at the end the following: may indicate the date by which the online service provider must make the disclosure to the governmental entity; ; in subparagraph (B), by inserting if the governmental entity before obtains ; 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 ; by striking subparagraph (D); by redesignating subparagraph
(E)as subparagraph (D); in subparagraph (D), as so redesignated, by striking seeks information and inserting as otherwise authorized ; and in paragraph (2)— 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 in the matter following subparagraph (F), by striking of a subscriber and all that follows and inserting of a subscriber or customer of such online service provider. ; in subsection (d)— by striking the contents of a wire or electronic communication, or ; by striking sought, and inserting sought ; and by striking section and inserting subsection ; and by adding after subsection (j), as added by section 501(c) of this Act, the following: Except as provided in section 2705, an online service provider 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. Nothing in this section or in section 2702 shall limit the authority of a governmental entity to use an administrative subpoena authorized by Federal or State statute, a grand jury, trial, or civil discovery subpoena, or a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) by a court of competent jurisdiction to— require an originator, addressee, or intended recipient of a wire or electronic communication that is not acting as an online service provider with regard to that wire or electronic communication to disclose a wire or electronic communication (including the contents of that communication) to the governmental entity; require a person or entity that provides an electronic communication service to the officers, directors, employees, or agents of the person or entity (for the purpose of carrying out their duties) to disclose a wire or electronic communication (including location information, a web browsing record, a search query record, or the contents of that communication) to or from the person or entity itself or to or from an officer, director, employee, or agent of the entity to a governmental entity, if the wire or electronic communication is stored, held, or maintained on an electronic communications system owned, operated, or controlled by the person or entity; or require an online service provider to disclose a wire or electronic communication (including the contents of that communication) that advertises or promotes a product or service and that has been made readily accessible to the general public. 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, including the authority to compel the production of a wire or electronic communication (including location information, a web browsing record, a search query record, or the contents of a wire or electronic communication) that is stored, held, or maintained by an online service provider. . Section 2703 of title 18, United States Code, is amended— in subsection (a)— by striking , that is in electronic storage in an electronic communications system for one hundred and eighty days or less, ; and by striking the last sentence; by striking subsection
(b)and inserting the following: [Repealed]. ; and in subsection
(d)by striking
(b)or . Chapter 121 of title 18, United States Code, is amended— in the table of sections, by striking the item relating to section 2704; in section 2701(c)(3), by striking , 2704 ; by striking section 2704; and in section 2706(a), by striking , 2703, or 2704 and inserting or 2703 .