Subpoena Abuse Prevention Act
May 21, 2026
Introduced: May 21, 2026
May 21, 2026
Introduced: May 21, 2026
Summary
Adds new rules to stop the government from using subpoenas for bulk data collection or to investigate constitutionally protected activities like free speech.
What problem does this solve?
The government can use broad subpoenas to collect large amounts of private user data, sometimes to investigate people for exercising their constitutional rights. This bill stops this by requiring subpoenas to target specific people and prohibiting their use for investigating protected activities like free speech.
What does this bill do?
Reference
Text:
Section:
Sec. 2(c)
Header:
Prohibiting the use of subpoenas with a purpose To investigate constitutionally protected activities
Prohibits investigating protected activities
Stops a government agency from using a subpoena if a purpose is to investigate or retaliate against someone for exercising their constitutional rights, like free speech or assembly.
Requires certification for subpoenas
Forces a government agency to provide a certification, under penalty of perjury, stating the subpoena is for a lawful purpose and not to investigate protected activities.
Reference
Text:
Section:
Sec. 2(b)
Header:
Prohibiting the use of subpoenas for bulk collection of certain subscriber information
Ends bulk data collection
Requires that any administrative, grand jury, or trial subpoena must identify the specific customer by name, address, or account identifier, preventing broad requests for data.
Mandates public reporting
Requires each federal agency to publish an annual report on the number of administrative subpoenas it issued and the number of accounts it received information from.
Allows customer notification
Permits service providers to tell customers they have received a subpoena for their records, unless a court specifically orders them not to.
Who does this affect?
- Users of phone and internet services
- Government and law enforcement agencies
- Telecommunication and tech companies
What is the real world impact?
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Protects constitutional rights
Prevents government agencies from using subpoenas to investigate or retaliate against people for exercising their rights to free speech, press, religion, or assembly. This ensures these tools are used for legitimate law enforcement, not for monitoring protected activities.
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May slow down investigations
Critics might argue that requiring specific targets for subpoenas and adding certification steps could make it harder for law enforcement to quickly gather information, potentially slowing down important investigations.
When does this start?
The changes would take effect as soon as the bill is signed into law.