The NDO Fairness Act changes how law enforcement can keep people in the dark about government investigations into their online accounts and communications. Currently, when police get a warrant to access someone's email or other digital information, they can sometimes delay telling that person about it. This bill creates new rules for when they can keep it secret entirely.

Under this law, law enforcement can ask a court for an order to prevent internet companies from telling customers that their data was requested. For serious crimes involving child exploitation, these secrecy orders can last up to one year. For other crimes, they last 90 days but can be extended. However, courts can only approve these orders if they find specific, documented reasons—like believing someone will destroy evidence, flee, or harm a witness if they find out about the investigation. The court must also confirm there's no better alternative, like telling a lawyer instead of the person.

The bill adds important protections for people being investigated. Once the secrecy order expires, the government must notify them within five business days using at least two methods (like mail and email). The notice must explain what the investigation was about and that their information was given to police. Within 180 days, people can request copies of the information the government obtained about them, though the government can withhold illegal materials and child exploitation evidence. Finally, the Attorney General must publish annual reports showing how many times these secrecy orders are used, how many people are affected, and whether they actually lead to arrests and convictions.

NDO Fairness Act

Fitzgerald, Scott

NDO Fairness Act &nbsp; 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.