1. United States
  2. Pa.
  3. Letter

Reevaluate Administrative Subpoena Powers in the Digital Era

To: Sen. Fetterman, Rep. Houlahan, Sen. McCormick

From: A constituent in Reading, PA

February 3

I am writing as a Pennsylvania constituent to urge Congress to reevaluate and reform — or repeal — the use of administrative subpoena authority by the Department of Homeland Security and other federal agencies, particularly when used to compel access to Americans’ digital records without prior judicial approval. Recent reporting described a Pennsylvania resident, Jon, whose personal account data was sought through an administrative subpoena after he expressed a policy opinion via email. Regardless of the specific facts of that case, it illustrates a broader structural issue: administrative subpoenas allow federal agencies to obtain highly personal digital information without first obtaining approval from a neutral judge. Administrative subpoenas are longstanding statutory tools. However, they were designed in a pre-digital era when “records” typically meant limited paper documents held by regulated businesses. In 2026, they can be used to access expansive digital data — emails, cloud storage, metadata, and other sensitive personal information. The scale and intrusiveness of modern digital records fundamentally change the constitutional analysis. The Fourth Amendment protects against unreasonable searches and seizures. What may once have been considered reasonable cannot automatically be assumed reasonable when the government can compel access to a detailed digital profile of an individual’s life without prior judicial review. The absence of a warrant requirement or independent oversight creates a structural imbalance between executive power and individual privacy. This is not a partisan issue. It is a constitutional one. If the government seeks access to private communications or comprehensive digital records, prior judicial authorization should be the default safeguard. Will you support hearings to examine whether administrative subpoena authority should be narrowed or modified to require court approval when digital data is involved? Will you support legislation mandating judicial review before federal agencies can compel access to Americans’ personal electronic records? Technology has changed. The law must keep pace. Congress has a responsibility to ensure that investigative tools reflect modern privacy realities and constitutional protections.

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