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Bipartisan legislation that would modernize privacy protections for Americans’ e-mail has been introduced in the House and Senate.

The Email Privacy Act (H.R. 9016, 119th Cong. (2026)) was introduced in the House by Reps. Suzan DelBene (D., Wash.) and Warren Davidson (R., Ohio). The Senate version will be offered by Sens. Mike Lee (R., Utah) and Ron Wyden (D., Ore.).

The legislation would update the 1986 Electronic Communications Privacy Act (ECPA) by requiring government authorities to obtain warrants before searching individuals’ e-mails, Rep. DelBene explained in a news release.

“Currently, law enforcement can obtain private email communications older than 180 days without a warrant because the law is based on outdated storage capabilities,” she noted. Since enactment of the ECPA, “usage and storage of email have evolved significantly, underscoring how behind the U.S. is in digital privacy more broadly,” she said.

“This bill would protect Americans’ digital communications by requiring warrants to access emails regardless of when the message originated. The bill also includes provisions that will allow email providers ... to notify users when their data has been accessed,” Rep. DelBene said.

“The Fourth Amendment is clear: the government must get a warrant before searching an individual’s private property, including written communications,” Rep. Davidson said. “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.”

“Americans should not lose their Fourth Amendment protections simply because their private communications are stored with a third-party provider,” Sen. Lee said. “By eliminating the outdated 180-day rule and requiring the government to obtain a warrant for the contents of emails and other electronic communications, this legislation brings ECPA into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.”

Similar legislation introduced by Rep. DelBene in 2022 failed to advance, although the House approved a version of the bill by voice vote in 2017. Provisions of the bill have also been included in government surveillance reform legislation over the years.

The legislation received endorsements from several groups, including the American Civil Liberties Union, Americans for Prosperity, the Center for Democracy & Technology, the Computer & Communications Industry Association (CCIA), the Consumer Technology Association, the Electronic Frontier Foundation, the Information Technology and Innovation Foundation, the Software & Information Industry Association, and TechFreedom.

“CCIA supports the Email Privacy Act and applauds Congresswoman DelBene for her leadership in modernizing outdated privacy laws,” Brian McMillan, CCIA’s vice president–public policy, said in a statement. “Requiring a warrant to access emails and digital communications strengthens consumer trust and reinforces essential Constitutional protections in the digital age.”