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WASHINGTON, D.C. - Today, June 2nd, 2026, U.S. Representatives Warren Davidson (R-OH) and Suzan DelBene (D-WA) along with Senators Mike Lee (R-UT) and Ron Wyden (D-OR) introduced the bipartisan Email Privacy Act to update federal privacy law to reflect modern technology and communications.
The legislation closes outdated loopholes that allow government agencies to obtain stored electronic communications that are older than 180 days without a warrant and establishes uniform protections for Americans' digital data regardless of how long it has been stored. The bill also ensures Americans receive stronger transparency by permitting service providers to notify customers when government entities seek access to their information, unless prohibited by court order.
"The Fourth Amendment is clear: the government must get a warrant before searching an individual's private property, including written communications. As today's world has grown increasingly digital, that principle should apply just as strongly to an email inbox as it does to a desk drawer or file cabinet," said Davidson. "That's exactly why I'm proud to cosponsor the Email Privacy Act-to ensure our freedoms carry into the digital world and that all communications are protected as the Founders intended. Congress must pass this commonsense legislation so Americans' rights are fully respected in the 21st century."
"The current law governing online privacy standards is egregiously out of date, leaving millions of Americans' private communications and data vulnerable," said DelBene. "Our laws must reflect the capabilities of modern technology rather than being stuck in the past. Personal email communications and physical documents should be protected with the same level of security. This bill makes critical changes that will update email privacy standards and modernize Americans' civil liberties."
"Americans should not lose their Fourth Amendment protections simply because their private communications are stored with a third-party provider. By eliminating the outdated 180-day rule and requiring the government to obtain a warrant for the contents of emails and other electronic communications, this legislation brings ECPA into line with the realities of the 21st century," said Lee.
"Right now the only thing standing between the government and warrantless access to all of the old emails in your inbox is a federal appeals court decision. That's not good enough when it comes to Fourth Amendment protections for one of the fundamental forms of communication right now. I'm proud to partner with a bipartisan coalition to put clear protections for Americans' rights into black-letter law." said Wyden
The legislation is endorsed by Americans for Prosperity, U.S. Chamber of Commerce, ACT | The App Association, Americans for Tax Reform, Center for Democracy & Technology, Computer & Communications Industry Association, Project on Government Oversight, Consumer Technology Association, Electronic Frontier Foundation, Engine, Information Technology and Innovation Foundation, Institute for Policy Innovation, Internet Infrastructure Coalition, Net Choice, R Street Institute, Software & Information Industry Association, TechFreedom, Demand Progress, Restore the Fourth, Fight for the Future, Consumer Choice Center, Due Process Institute.
Read the full text of the bill HERE.
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