Subpoena Abuse Prevention Act

Key Points

• The bill stops the government from using subpoenas to collect personal data in bulk. Officials would need to name a specific person or account before getting records from phone companies or apps.
• It bans the government from using subpoenas to spy on or punish people for exercising their constitutional rights, including free speech, religion, assembly, and press freedoms. Agencies must certify under penalty of perjury that they are not targeting protected activities.
• Companies like phone providers or social media apps would be allowed to tell their customers when the government asks for their data. The government must inform companies of this right and that they may consult an attorney.
• Federal agencies would have to release a public report every year showing how many administrative subpoenas they sent and how many accounts they accessed, broken down by the legal authority used. This creates new transparency around government data requests.
• The bill has bipartisan support, introduced by Democrats Espaillat and Kelly alongside Republicans Massie and Burlison, reflecting a coalition of civil libertarians from both parties concerned about government overreach in digital surveillance.