Kevin Yoder (Republican – Kansas) proposed the H.R. 387 to amend Title 18 of the United States Code to update privacy protections for electronic communications that is stored by 3rd party service providers in order to protect consumer privacy interests while meeting law enforcement needs, and for other purposes


The bill was introduced on January 9, 2017 and passed by a 2/3 voice vote on February 6, 2017 in the House. The bill was received in the Senate, read twice, and referred to the Committee on the Judiciary on February 7, 2017.


The bill updates email privacy protections. Amendments made include a section titled “Contents of Wire or Electronic Communications in Electronic Storage”. This section states that a governmental entity may require disclosure by an email provider of the contents of email in electronic storage, remote computing service, ONLY if the government obtains a warrant properly issued that is issued by a court in the proper jurisdiction and that indicates by when the email provider must submit the requested emails to the government. If no date is provided, the provider must respond promptly. If requested in a warrant, the provider must also give the government subscriber details such as name, address, telephone communications, length of service, IP address or telephone number, means and source of payment for the account.

The government is not required to notify the account subscriber.  The government may request the email provider delay notice to the subscriber by up to 180 days if the court determines that notification may endanger the life or safety of a person, cause the subscriber to flee prosecution, cause the destruction of evidence, cause intimidation of a potential witness, or jeopardize a trial.

This bill does not affect communications obtained under the “Wiretap Act” in the Foreign Intelligence Surveillance Act of 1978 .


There are 138 Cosponsors, which can be found on the main bill summary site.

One thought on “H.R. 387 – Email Privacy Act

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