,i #aafth ,,congress #b;d ,session ,h4 ,r4 #hifa ,,in ,,the ,,house ,,of ,,representatives ,december #ad1 #bjbj,mr4 ,nadler 7for himself1 ,mr4 ,sensenbrenner1 ,ms4 ,del,bene1 and ,mr4 ,rodney ,davis of ,illinois7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #ah1 ,united ,states ,code1 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 needs1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,email ,privacy ,act4 #b4 ,voluntary disclosure corrections 7a7 ,in general ,section #bgjb of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 by striking divulge and inserting disclose2 and 7ii7 by striking while in electronic storage by that service and inserting that is in electronic storage with or otherwise stored1 held1 or maintained by that service2 7,b7 in paragraph 7#b7-- 7i7 by striking to the public2 7ii7 by striking divulge and inserting disclose2 and 7iii7 by striking which is carried or maintained on that service and inserting that is stored1 held1 or maintained by that service2 and 7,c7 in paragraph 7#c7-- 7i7 by striking divulge and inserting disclose2 and 7ii7 by striking a provider of and inserting a person or entity providing2 7#b7 in subsection 7b7-- 7,a7 in the matter preceding paragraph 7#a71 by inserting wire or electronic before communication2 7,b7 by amending paragraph 7#a7 to read as follows3 7#a7 to an originator1 addressee1 or intended recipient of such communication1 to the subscriber or customer on whose behalf the provider stores1 holds1 or maintains such communication1 or to an agent of such addressee1 intended recipient1 subscriber1 or customer2 2 and 7,c7 by amending paragraph 7#c7 to read as follows3 7#c7 with the lawful consent of the originator1 addressee1 or intended recipient of such communication1 or of the subscriber or customer on whose behalf the provider stores1 holds1 or maintains such communication2 2 7#c7 in subsection 7c7 by inserting wire or electronic before communications2 7#d7 in each of subsections 7b7 and 7c71 by striking divulge and inserting disclose2 and 7#e7 in subsection 7c71 by amending paragraph 7#b7 to read as follows3 7#b7 with the lawful consent of the subscriber or customer2 4 #c4 ,amendments to required disclosure section ,section #bgjc of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by striking subsections 7a7 through 7c7 and inserting the following3 7a7 ,contents of wire or electronic communications in electronic storage ,except as provided in subsections 7i7 and 7j71 a governmental entity may require the disclosure by a provider of electronic communication service of the contents of a wire or electronic communication that is in electronic storage with or otherwise stored1 held1 or maintained by that service only if the governmental entity obtains a warrant issued using the procedures described in the ,federal ,rules of ,criminal ,procedure 7or1 in the case of a ,state court1 issued using ,state warrant procedures7 that-- 7#a7 is issued by a court of competent jurisdiction2 and 7#b7 may indicate the date by which the provider must make the disclosure to the governmental entity4 ,in the absence of a date on the warrant indicating the date by which the provider must make disclosure to the governmental entity1 the provider shall promptly respond to the warrant4 7b7 ,contents of wire or electronic communications in a remote computing service 7#a7 ,in general ,except as provided in subsections 7i7 and 7j71 a governmental entity may require the disclosure by a provider of remote computing service of the contents of a wire or electronic communication that is stored1 held1 or maintained by that service only if the governmental entity obtains a warrant issued using the procedures described in the ,federal ,rules of ,criminal ,procedure 7or1 in the case of a ,state court1 issued using ,state warrant procedures7 that-- 7,a7 is issued by a court of competent jurisdiction2 and 7,b7 may indicate the date by which the provider must make the disclosure to the governmental entity4 ,in the absence of a date on the warrant indicating the date by which the provider must make disclosure to the governmental entity1 the provider shall promptly respond to the warrant4 7#b7 ,applicability ,paragraph 7#a7 is applicable with respect to any wire or electronic communication that is stored1 held1 or maintained by the provider-- 7,a7 on behalf of1 and received by means of electronic transmission from 7or created by means of computer processing of communication received by means of electronic transmission from71 a subscriber or customer of such remote computing service2 and 7,b7 solely for the purpose of providing storage or computer processing services to such subscriber or customer1 if the provider is not authorized to access the contents of any such communications for purposes of providing any services other than storage or computer processing4 7c7 ,records concerning electronic communication service or remote computing service 7#a7 ,in general ,except as provided in subsections 7i7 and 7j71 a governmental entity may require the disclosure by a provider of electronic communication service or remote computing service of a record or other information pertaining to a subscriber to or customer of such service 7not including the contents of wire or electronic communications71 only-- 7,a7 if a governmental entity obtains a warrant issued using the procedures described in the ,federal ,rules of ,criminal ,procedure 7or1 in the case of a ,state court1 issued using ,state warrant procedures7 that-- 7i7 is issued by a court of competent jurisdiction directing the disclosure2 and 7ii7 may indicate the date by which the provider must make the disclosure to the governmental entity2 7,b7 if a governmental entity obtains a court order directing the disclosure under subsection 7d72 7,c7 with the lawful consent of the subscriber or customer2 or 7,d7 as otherwise authorized in paragraph 7#b74 7#b7 ,subscriber or customer ,information ,a provider of electronic communication service or remote computing service shall1 in response to an administrative subpoena authorized by ,federal or ,state statute1 a grand jury1 trial1 or civil discovery subpoena1 or any means available under paragraph 7#a71 disclose to a governmental entity the-- 7,a7 name2 7,b7 address2 7,c7 local and long distance telephone connection records1 or records of session times and durations2 7,d7 length of service 7including start date7 and types of service used2 7,e7 telephone or instrument number or other subscriber or customer number or identity1 including any temporarily assigned network address2 and 7,f7 means and source of payment for such service 7including any credit card or bank account number71 of a subscriber or customer of such service4 7#c7 ,notice not required ,a governmental entity that receives records or information under this subsection is not required to provide notice to a subscriber or customer4 2 7#b7 in subsection 7d7-- 7,a7 by striking 7b7 or2 7,b7 by striking the contents of a wire or electronic communication1 or2 7,c7 by striking sought1 and inserting sought2 and 7,d7 by striking section and inserting subsection2 and 7#c7 by adding at the end the following3 7h7 ,notice ,except as provided in section #bgje1 a provider of electronic communication service or remote computing service may notify a subscriber or customer of a receipt of a warrant1 court order1 subpoena1 or request under subsection 7a71 7b71 7c71 or 7d7 of this section4 7i7 ,rule of construction related to legal process ,nothing in this section or in section #bgjb shall limit the authority of a governmental entity to use an administrative subpoena authorized by ,federal or ,state statute1 a grand jury1 trial1 or civil discovery subpoena1 or a warrant issued using the procedures described in the ,federal ,rules of ,criminal ,procedure 7or1 in the case of a ,state court1 issued using ,state warrant procedures7 by a court of competent jurisdiction to-- 7#a7 require an originator1 addressee1 or intended recipient of a wire or electronic communication to disclose a wire or electronic communication 7including the contents of that communication7 to the governmental entity2 7#b7 require a person or entity that provides an electronic communication service to the officers1 directors1 employees1 or agents of the person or entity 7for the purpose of carrying out their duties7 to disclose a wire or electronic communication 7including the contents of that communication7 to or from the person or entity itself or to or from an officer1 director1 employee1 or agent of the entity to a governmental entity1 if the wire or electronic communication is stored1 held1 or maintained on an electronic communications system owned1 operated1 or controlled by the person or entity2 or 7#c7 require a person or entity that provides a remote computing service or electronic communication service to disclose a wire or electronic communication 7including the contents of that communication7 that advertises or promotes a product or service and that has been made readily accessible to the general public4 7j7 ,rule of construction related to ,congressional subpoenas ,nothing in this section or in section #bgjb shall limit the power of inquiry vested in the ,congress by article ,i of the ,constitution of the ,united ,states1 including the authority to compel the production of a wire or electronic communication 7including the contents of a wire or electronic communication7 that is stored1 held1 or maintained by a person or entity that provides remote computing service or electronic communication service4 4 #d4 ,delayed notice ,section #bgje of title #ah1 ,united ,states ,code1 is amended to read as follows3 #bgje4 ,delayed notice 7a7 ,in general ,a governmental entity acting under section #bgjc may apply to a court for an order directing a provider of electronic communication service or remote computing service to which a warrant1 order1 subpoena1 or other directive under section #bgjc is directed not to notify any other person of the existence of the warrant1 order1 subpoena1 or other directive4 7b7 ,determination ,a court shall grant a request for an order made under subsection 7a7 for delayed notification of up to #ahj days if the court determines that there is reason to believe that notification of the existence of the warrant1 order1 subpoena1 or other directive will likely result in-- 7#a7 endangering the life or physical safety of an individual2 7#b7 flight from prosecution2 7#c7 destruction of or tampering with evidence2 7#d7 intimidation of potential witnesses2 or 7#e7 otherwise seriously jeopardizing an investigation or unduly delaying a trial4 7c7 ,extension ,upon request by a governmental entity1 a court may grant one or more extensions1 for periods of up to #ahj days each1 of an order granted in accordance with subsection 7b74 4 #e4 ,rule of construction ,nothing in this ,act or an amendment made by this ,act shall be construed to preclude the acquisition by the ,united ,states ,government of-- 7#a7 the contents of a wire or electronic communication pursuant to other lawful authorities1 including the authorities under chapter #aai of title #ah 7commonly known as the ,wiretap ,act71 the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq471 or any other provision of ,federal law not specifically amended by this ,act2 or 7#b7 records or other information relating to a subscriber or customer of any electronic communication service or remote computing service 7not including the content of such communications7 pursuant to the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq471 chapter #aai of title #ah 7commonly known as the ,wiretap ,act71 or any other provision of ,federal law not specifically amended by this ,act4