Adriano Espaillat (D-NY)

Subpoena Abuse Prevention Act

H.R. 8966 · House bill Crime and Law Enforcement

A Democratic bill with 2 Republican cosponsors · See all 3 cosponsors

Last activity — Referred to the House Committee on the Judiciary.

In committee

Introduced and handed to a committee in the chamber it started in.

The committee holds it, and most bills are never heard from again. A hearing or a committee vote would be news; silence is the usual outcome, and it kills the bill without anyone voting against it.

Its path through Congress

  1. Introduced
  2. In Committee

What this bill would do

The Subpoena Abuse Prevention Act aims to change how the government uses administrative subpoenas to get customer records. It requires the government to identify specific subscribers and prohibits using subpoenas to investigate or retaliate against people for exercising their constitutional rights. Government entities must now provide a certification under penalty of perjury that the subpoena is for a lawful purpose. The bill also allows service providers to notify customers about subpoenas unless a court order says otherwise. Finally, federal entities must publicly report how many administrative subpoenas they use each year.

Yes· 3 of 9

  • Scored +8

    Does this protect the individual right to speak freely?

    Protects users from government surveillance when exercising free speech.

  • Scored +8

    Does this protect people from being watched or searched?

    Limits government access to private records and prohibits bulk data collection.

  • Scored +8

    Does this protect what people are allowed to say in public life?

    Prohibits the use of subpoenas to monitor or retaliate against the exercise of free speech and press.

The opposite

  • Scored -7

    Does this give the government more power to monitor people inside the country?

    Significantly restricts domestic surveillance capabilities via administrative subpoenas.

  • Scored -5

    Does this give the federal government more power?

    Decreases the power of federal entities to issue administrative subpoenas without strict certification.