,,ii  #aaith ,,congress  #b;d ,session  
,s4 #deid  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,may #bj1      
#bjbf,mr4 ,wyden 7for himself and ,ms4  
,lummis7 introduced the following bill2 
which was read twice and referred to the
 ,committee on the ,judiciary  ,a ,,bill
  ,to amend section #bgjc of title #ah1 
,united ,states ,code1 to prohibit      
certain use of administrative subpoenas 
with respect to customer communications 
and records1 and for other purposes4    
#a4 ,short title ,this ,act may be cited
 as the ,subpoena ,abuse ,prevention    
,act4  #b4 ,reforming subpoenas  7a7    
,consistent protections for phone and   
app-,based call and texting records     
,section #bgjc7;c77#b7 of title #ah1    
,united ,states ,code1 is amended--     
7#a7 by striking subparagraph 7,c72 and 
7#b7 by redesignating subparagraphs     
7,d71 7,e71 and 7,f7 as subparagraphs   
7,c71 7,d71 and 7,e71 respectively4  7b7
 ,prohibiting the use of subpoenas for  
bulk collection of certain subscriber   

information ,section #bgjc7;c77#b7 of   
title #ah1 ,united ,states ,code1 as    
amended by subsection 7a71 is further   
amended in the matter following         
subparagraph 7,e71 as so redesignated1  
by inserting 1 provided that for any    
administrative1 grand jury1 or trial    
subpoena1 the governmental entity       
identifies the subscriber or customer by
 name1 address1 temporarily assigned    
network address1 or account identifier  
7such as a username7 before the period  
at the end4  7c7 ,prohibiting the use of
 subpoenas with a purpose ,to           
investigate constitutionally protected  
activities ,section #bgjc7;c7 of title  
#ah1 ,united ,states ,code1 is further  
amended by adding at the end the        
following3  7#d7  ,protections for      
constitutionally protected activities   
7,a7  ,in general  ,a governmental      
entity may not use a subpoena to require
 the disclosures described in paragraph 
7#b7 if a purpose of the subpoena is    
to--  7i7 investigate1 monitor1 or      

otherwise acquire information about     
activities1 or any person's engagement  
in activities1 that are exercises of    
free speech1 press1 religion1 assembly1 
or petition1 or are otherwise protected 
by the ,constitution of the ,united     
,states2 or  7ii7 retaliate against any 
person for their engagement in          
activities that are exercises of free   
speech1 press1 religion1 assembly1 or   
petition1 or are otherwise protected by 
the ,constitution of the ,united        
,states4  7,b7  ,required certification 
7i7  ,in general  ,a governmental entity
 using a subpoena to require the        
disclosures described in paragraph 7#b7 
from a service provider shall provide a 
certification under penalty of perjury  
attesting that the subpoena is being    
made for a legitimate and lawful        
purpose1 and not with a purpose         
described in subparagraph 7,a7--  7,i7  
to the service provider2 and  7,,ii7    
when applying for a preclusion of notice
 order under section #bgje7;b71 to the  

court in such application4  7ii7        
,absence of certification  ,a subpoena  
to require the disclosures described in 
paragraph 7#b7 from a service provider  
shall not be valid1 and a preclusion of 
notice order under section #bgje7;b7 for
 such subpoena shall not issue1 unless  
the subpoena includes the certification 
described in clause 7i74  4  7d7        
,required disclosures ,section #bgjc7;c7
 of title #ah1 ,united ,states ,code1 is
 further amended by adding at the end   
the following3  7#e7 ,required          
disclosures to service provider  7,a7   
,in general ,except as provided in      
subparagraph 7,b7-- 7i7 the service     
provider-- 7,i7 may notify a customer or
 subscriber of the receipt of the       
subpoena2 and  7,,ii7 may consult with  
an attorney in order to obtain legal    
advice or assistance regarding the      
subpoena2 and  7ii7 the government      
entity shall inform the service provider
 that it-- 7,i7 is not being directed to
 not notify any other person of the     

existence of the subpoena2  7,,ii7 may  
notify the customer or subscriber of the
 receipt of the subpoena2 and  7,,iii7  
may consult with an attorney in order to
 obtain legal advice or assistance      
regarding the subpoena4  7,b7 ,exception
 for nondisclosure orders ,if a         
governmental entity described in        
subparagraph 7,a7 obtains a preclusion  
of notice order under section           
#bgje7;b7-- 7i7 such order may limit the
 right of the service provider described
 in subparagraph 7,a77i77,i72 and  7ii7 
the governmental entity shall modify the
 required disclosures described in      
subclauses 7,i7 and 7,,ii7 of           
subparagraph 7,a77ii7 to be consistent  
with the terms of the order4  4  7e7    
,public reporting of use of             
administrative subpoenas ,section       
#bgjc7;c7 of title #ah1 ,united ,states 
,code1 is further amended by adding at  
the end the following3  7#f7 ,reporting 
of ,federal use of administrative       
subpoenas ,each ,federal governmental   

entity that uses an administrative      
subpoena to require the disclosure of   
information under this subsection shall 
annually publicly publish a report      
containing1 for the #a-year period      
preceding the date of the report--  7,a7
 the number of administrative subpoenas 
issued by the governmental entity1      
disaggregated by the statutory authority
 under which the administrative         
subpoenas were issued2 and  7,b7 the    
number of accounts for which the        
governmental entity received information
 through an administrative subpoena1    
disaggregated by the statutory authority
 under which the administrative         
subpoenas were issued4  4