Bipartisan Bill Would Protect Archived Emails from Warrantless Searches

WASHINGTON, June 3, 2026 — A bipartisan group of Capitol Hill lawmakers wants to protect old emails from warrantless viewing by law enforcement.

Reps. Warren Davidson (R-Ohio) and Suzan DelBene (D-Wash.) introduced the bipartisan Email Privacy Act on June 2 to prevent government agencies from viewing old emails without a warrant. Sens. Mike Lee (R-Utah) and Ron Wyden (D-Ore.) introduced identical legislation in the Senate.

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The bill would repeal section 3(b) of the Electronic Communications Privacy Act of 1986, which allows law enforcement agencies to open emails older than 180 days through a subpoena or a court order rather than a search warrant. This law has subsequently allowed agencies to view online metadata such as a person’s IP address, email lists, and credit card information, if the agency has “reasonable grounds” to suspect its relevance to an active criminal investigation.

“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," Davidson said.

Davidson’s bill would also allow service providers to notify customers when government entities seek access to their information, unless prohibited by court order.

This is not the first time this legislation has been introduced. An earlier version of the bill passed the House each year from 2016 to 2018, but was defeated in the Senate each time.