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H.R.387 / 115th Congress

Email Privacy Act

Received in the Senate and Read twice and referred to the Committee on the Judiciary.

Official summary

Version 81 · Passed House without amendment · Feb 6, 2017

Email Privacy Act

(Sec. 2) This bill amends the federal criminal code to revise provisions that limit an electronic communication service (ECS) or remote communication service (RCS) provider from voluntarily disclosing the contents of a wire or electronic communication that is in electronic storage.

(Sec. 3) The bill also revises the standards for the government to compel an ECS or RCS provider to disclose contents of a wire or electronic communication or noncontent records or information pertaining to a subscriber or customer.

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The government must obtain a warrant to compel the disclosure of contents of a communication that is in electronic storage, or otherwise stored, held, or maintained by an ECS or RCS provider.

An ECS or RCS provider may notify a subscriber or customer of the receipt of a warrant, court order, subpoena, or request, unless the government obtains an order for delayed notification.

(Sec. 4) The bill revises the process for obtaining a delayed notification order and lengthens the maximum duration of a delayed notification order.

(Sec. 5) The bill does not preclude the government from acquiring, pursuant to other legal authorities: (1) contents of a wire or electronic communication, or (2) noncontent records or information related to a subscriber or customer.

Read the summary on Congress.gov
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Who introduced it

Rep. Yoder, Kevin [R-KS-3] · R–KS

Committees

  • Judiciary Committee
  • Judiciary Committee
138 cosponsorship records, including any withdrawals

Actions

A procedural vote is different from passage. Passage in one chamber does not establish enactment. Explore the glossary.

  1. Received in the Senate and Read twice and referred to the Committee on the Judiciary.

  2. Motion to reconsider laid on the table Agreed to without objection.

  3. On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H988-989)

  4. Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H988-989)

  5. DEBATE - The House proceeded with forty minutes of debate on H.R. 387.

  6. Considered under suspension of the rules. (consideration: CR H988-992)

  7. Mr. Yoder moved to suspend the rules and pass the bill.

  8. Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

  9. Referred to the House Committee on the Judiciary.

  10. Introduced in House

  11. Introduced in House

Bill text & related measures

Text links open the official source. We currently store references to these documents.

Related bills identified by Congress.gov

Source last updated: Aug 10, 2026. Consult Congress.gov for the current record.

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Neutral evidence review

Objective

Analyze H.R.387 as objectively as possible. Explain its main provisions, who would be affected, possible benefits and harms, implementation, exceptions, and uncertainties. Present the strongest arguments for and against it, and identify evidence needed to assess its public impact.

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Fairness and public impact

Progressive lens

Examine H.R.387 through a progressive lens, focusing on fairness, access, economic inequality, and effects on vulnerable communities. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and distinguish stated goals from demonstrated outcomes.

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Institutions and government scope

Conservative lens

Examine H.R.387 through a conservative lens, focusing on fiscal responsibility, institutional stability, federalism, and the scope of government. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and any provisions that challenge this perspective.

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Individual rights and government power

Liberty lens

Examine H.R.387 through a civil-liberties and limited-government lens. Consider individual rights, privacy, voluntary choice, accountability, and government power. Explain tradeoffs, possible safeguards, and the strongest counterarguments without assuming the proposal is beneficial or harmful.

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