# Plain Language Summary: Targeting Child Predators Act of 2023

This bill makes it easier for federal law enforcement to keep investigations secret when they're looking into child exploitation and similar serious crimes. Right now, when federal agents issue what's called an "administrative subpoena" (basically a formal request for records from companies or individuals), they can ask for secrecy, but there aren't clear rules about how that works. This bill creates a formal process where federal officials can certify that keeping the investigation secret is necessary—for example, to protect someone's safety, prevent a suspect from fleeing, or keep witnesses from being intimidated. The key change is that companies and individuals who receive these requests can now ask a judge to review whether the secrecy requirement is actually justified, rather than just having to comply silently.

When a federal agent issues one of these subpoenas with a secrecy order, the recipient (like a tech company or internet provider) normally can't tell anyone about it for 180 days. However, they can tell their lawyer to get legal advice, and they can tell other employees if it's necessary to actually fulfill the request—but those people also have to keep it secret. If someone who receives one of these requests thinks the secrecy order is unfair or unnecessary, they can now go to federal court and ask a judge to review it. The government then has 30 days to explain to the judge why the secrecy is still needed. The judge can decide to lift the secrecy requirement, keep it in place, or modify it based on the circumstances.

The bill also transfers authority over these subpoenas from the Treasury Department to the Department of Homeland Security, which typically handles immigration and border security matters. The practical effect is that federal agents investigating child exploitation will have a clearer legal framework for keeping their investigations confidential while still allowing companies and individuals to challenge overly broad secrecy orders in court. This balances law enforcement's need for secrecy in sensitive investigations with the principle that people shouldn't be silenced indefinitely without judicial oversight.

Targeting Child Predators Act of 2023

Fry, Russell

Targeting Child Predators Act of 2023 This bill revises the processes and procedures related to nondisclosure requirements issued in connection with certain administrative subpoenas. The bill modifies the process for issuing a nondisclosure requirement in a child exploitation or abuse investigation and lengthens the period of time during which a recipient of an administrative subpoena is prohibited from disclosure. It also subjects a nondisclosure requirement to judicial review, requires the administrative subpoena to include notice of the availability of judicial review, and establishes a process for judicial review.