H.R. 9016 — Email Privacy Act

This section updates the rules governing voluntary disclosures of wire or electronic communications by providers of electronic communication services and remote computing services. It expands authorized recipients to include originators and the subscribers or customers on whose behalf the provider stores the communications, and it broadens the parties whose consent permits disclosure.

This section requires a governmental entity to obtain a warrant to compel disclosure of the contents of any wire or electronic communication from a provider of electronic communication service or remote computing service. It eliminates the prior distinction that applied a warrant requirement only to communications stored for 180 days or less and a subpoena or court order for those stored longer. It repeals the separate remote computing service provision, authorizes providers to notify subscribers or customers of legal process, and adds rules of construction preserving congressional subpoena authority and access to certain internal or publicly available provider communications.