NDO Fairness Act

The NDO Fairness Act aims to increase transparency and protect the privacy of individuals whose digital data is searched by the federal government. Currently, when federal prosecutors seek a court order to obtain phone or email records from a service provider, they often include a non-disclosure order (NDO). These orders prevent the company from telling the customer that their data has been accessed, and under current law, these secrecy requirements can sometimes last indefinitely. This bill would establish stricter standards for when these orders can be issued and would generally limit their duration to 90 days, with a possible extension of up to one year for serious crimes like child exploitation.

If enacted, the bill would require the government to prove to a judge that notifying the individual would lead to specific risks, such as endangering someone's safety, evidence tampering, or witness intimidation. It also proposes that the government must notify individuals within 90 days after their data has been searched and allow them to request a copy of the information that was disclosed. By moving away from "boilerplate" secrecy orders, the legislation seeks to ensure that citizens are informed of government surveillance in a timely manner, providing them with the opportunity to seek legal recourse or exercise oversight over how their personal information is handled.