S.Amdt. 6339

This amendment aims to change how governmental entities use subpoenas to get subscriber information from service providers. It focuses on adding protections for users and increasing transparency.

Key changes and additions include:

• Stopping Bulk Collection: It requires governmental entities to identify a specific subscriber or customer by name, address, network address, or account identifier before using an administrative, grand jury, or trial subpoena.

• Protecting Constitutional Rights: It prohibits using subpoenas to monitor, investigate, or retaliate against people for activities protected by the Constitution, such as free speech, press, religion, assembly, or petition.

• Requiring Certification: Government entities must provide a certification under penalty of perjury stating the subpoena is for a lawful purpose and not intended to target constitutionally protected activities.

• Service Provider Rights: It allows service providers to notify customers about subpoenas and consult with attorneys, unless a court issues a nondisclosure order.

• Public Reporting: Federal entities that use administrative subpoenas must publish an annual report showing how many subpoenas were issued and how many accounts provided information, broken down by the legal authority used.