,,ii #aaith ,,congress #b;d ,session ,s4 #dfdi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #a1 #bjbf,mr4 ,lee 7for himself and ,mr4 ,wyden7 introduced the following bill2 which was read twice and 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 ,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#b71 in the matter preceding subparagraph 7,a7-- 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 a provider of and inserting a person or entity providing2 and 7ii7 by striking divulge and inserting disclose2 7#b7 in subsection 7b7-- 7,a7 in the matter preceding paragraph 7#a7-- 7i7 by striking divulge and inserting disclose2 and 7ii7 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 and 7#c7 in subsection 7c7-- 7,a7 in the matter preceding paragraph 7#a7-- 7i7 by striking divulge and inserting disclose2 and 7ii7 by inserting wire or electronic before communications2 and 7,b7 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 7a7 ,in general ,section #bgjc of title #ah1 ,united ,states ,code is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking ,a governmental entity and inserting ,except as provided in subsections 7j7 and 7k71 a governmental entity2 7,b7 by striking provider of electronic communication service and inserting provider of electronic communication service or remote computing service2 7,c7 by striking pursuant to and inserting if the governmental entity obtains2 7,d7 by striking by a court of competent jurisdiction4 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 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 warrant42 and 7,e7 by striking provider of electronic communication services and inserting provider of electronic communication service or remote computing service2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 in the matter preceding subparagraph 7,a7-- 7,i7 by striking ,a governmental entity and inserting ,except as provided in subsections 7j7 and 7k71 a governmental entity2 and 7,,ii7 by striking only when the governmental entity and inserting only2 7ii7 in subparagraph 7,a7-- 7,i7 by striking obtains a warrant issued and inserting if the governmental entity obtains a warrant2 7,,ii7 by striking by the ,president7 by a court and inserting the following3 by the ,president7 that-- 7i7 is issued by a court 2 7,,iii7 by inserting and after jurisdiction22 and 7,,iv7 by adding at the end the following3 7ii7 may indicate the date by which the provider must make the disclosure to the governmental entity2 2 7iii7 in subparagraph 7,b71 by inserting if the governmental entity before obtains2 7iv7 in subparagraph 7,c71 by striking has the consent of the subscriber or customer to such disclosure2 and inserting with the lawful consent of the subscriber or customer2 or2 7v7 by striking subparagraph 7,d72 7vi7 by redesignating subparagraph 7,e7 as subparagraph 7,d72 and 7vii7 in subparagraph 7,d71 as so redesignated1 by striking seeks information and inserting as otherwise authorized2 and 7,b7 in paragraph 7#b7-- 7i7 in the matter preceding subparagraph 7,a71 by inserting 1 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 after shall2 and 7ii7 in the matter following subparagraph 7,f71 by striking of a subscriber and all that follows and inserting of a subscriber or customer of such service42 7#c7 in subsection 7d7-- 7,a7 by striking the contents of a wire or electronic communication1 or2 7,b7 by striking sought1 and inserting sought2 and 7,c7 by striking section and inserting subsection2 and 7#d7 by adding at the end the following3 7i7 ,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 7c71 or 7d7 of this section4 7j7 ,rule of ,construction ,related to ,legal ,process ,nothing in this section or in section #bgjb shall modify the authorities for a governmental entity to obtain a wire or electronic communication 7including the contents of that communication7 from a provider of a remote computing service or electronic communication service if-- 7#a7 the originator1 addressee1 or intended recipient of such communication is an officer1 director1 employee1 or agent of the provider acting in their capacity as such an officer1 director1 employee1 or agent2 or 7#b7 the communication-- 7,a7 advertises or promotes a product or service2 and 7,b7 has been made readily available to the general public4 7k7 ,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 ,states4 4 7b7 ,warrant requirement for stored communications content ,section #bgjc of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking 1 that is in electronic storage in an electronic communications system for one hundred and eighty days or less12 and 7,b7 by striking the last sentence2 7#b7 by striking subsection 7b7 and inserting the following3 7b7 ,repealed4 2 and 7#c7 in subsection 7d7 by striking 7b7 or4