Email Privacy Act Passed by House for Second Time
The Email Privacy Act, a bill aimed at enhancing protections for electronic communications from government searches and surveillance, is currently facing uncertainties in the U.S. Senate.
The law, which applies to digital assets in California, was referred to the Committee on the Judiciary in the Senate. However, as of early August 2025, the Email Privacy Act has not been prominently featured in recent Senate legislation or hearings, with search results focusing on other privacy-related issues.
Despite ongoing attention to digital privacy broadly, such as the July 30, 2025, Senate Judiciary Subcommittee hearing on "Safeguarding Americans' Online Data," there is no direct evidence of new movement on the Email Privacy Act itself.
Potential challenges for the bill's passage include bipartisan disagreements over scope and exemptions, concerns about balancing privacy protections with law enforcement and national security needs, and competition from other high-profile bills.
If enacted, the Email Privacy Act would update the Electronic Communications Privacy Act of 1986 (ECPA) to require a probable cause criminal warrant for accessing emails, social media accounts, and similar online content stored in the cloud for more than 180 days. However, the bill's current status remains unclear.
Meanwhile, at the state level, Governor Jerry Brown signed AB 691 on September 24, 2025, a law that adopts the Uniform Fiduciary Access to Digital Assets Act (UFADAA). This law places access to digital assets on par with traditional tangible assets, but it does not update the ECPA like the Email Privacy Act.
Critics of the Email Privacy Act argue that it could make it more difficult for the government to investigate crimes and terrorism. The bill, which has 109 co-sponsors in the House, aims to protect Americans' emails from government surveillance.
As the Senate continues to address digital privacy issues, updates on the Email Privacy Act's progress may arise. Senators like Marsha Blackburn and Amy Klobuchar, who have engaged in privacy-related hearings, may influence the privacy policy environment, but no direct indication of recent progress on this act is available.
The Email Privacy Act, a bill aimed at protecting Americans' emails from government surveillance, is currently facing uncertainties in the U.S. Senate, with its current status remaining unclear. Despite ongoing discussions on digital privacy in the Senate and state legislations like AB 691, there is no direct evidence of new movement on the relatively high-profile Email Privacy Act itself.
