NDO Fairness Act
NDO Fairness Act
Plain Language Summary
# NDO Fairness Act Summary **What the bill does:** The NDO Fairness Act would make it harder for the government to secretly obtain people's emails and other electronic communications from tech companies and internet service providers. Currently, when law enforcement gets a warrant to access someone's emails or account information, they can also get a court order (called a nondisclosure order, or NDO) that prevents the company from telling the person their data was requested. This bill would raise the legal standard the government must meet to obtain or renew these secrecy orders, making it tougher for authorities to keep investigations hidden. **Who it affects:** This legislation would impact law enforcement agencies (FBI, local police, etc.), tech companies and internet service providers, and the general public.
Individuals could potentially be notified sooner when the government seeks their private communications, while law enforcement may face more restrictions in keeping investigations confidential during sensitive stages. **Current status:** The bill was introduced by Rep. Scott Fitzgerald (R-Wisconsin) in the 119th Congress and is currently in committee, meaning it has not yet been debated or voted on by the full House. The bill touches on fundamental privacy and law enforcement concerns, which typically generate debate from both privacy advocates and those concerned with investigation effectiveness.
CRS Official Summary
NDO Fairness Act This bill increases the requirements the government must meet to obtain a nondisclosure order (NDO) under the Stored Communications Act (SCA).The SCA generally prohibits providers of remote computing services or electronic communication services (providers) from disclosing stored electronic communications or records (e.g., emails) or information pertaining to customers or subscribers. However, the SCA authorizes the government seek a warrant, order, or subpoena to compel providers to disclose electronic communications or records or information pertaining to customers or subscribers during an investigation. Providers may notify customers and subscribers of the warrant, order, or subpoena unless the government obtains a court order—an NDO—that delays the notification.This bill raises the standard the government must meet to obtain (or extend) an NDO. The bill also requires the court, before issuing an NDO, to issue a written determination that the standard was met based on specific and articulable facts, and to review the underlying warrant, order, or subpoena. The bill requires NDOs to be narrowly tailored. It also limits their duration to 90 days for most investigations, though it permits a duration of up to one year for investigations pertaining to an offense involving child pornography or sexual exploitation of children.Finally, the bill requires the Department of Justice to report annually on data related to NDOs, including the number of customers or subscribers targeted; applications for orders; orders granted, extended, or denied; and orders targeting members of the media or conduct related to certain protected activities.
Latest Action
Ordered to be Reported (Amended) by Voice Vote.