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Congress·In Progress·3 months ago

House Committee Reviews NDO Fairness Act to Limit Secret Gag Orders on Your Online Data

Also known as: NDO Fairness Act

Impacts

Mixed Impacts(2)
Criminal Record
Neutral
Federal Employee
Neutral

Key Points

  • Would tighten the rules for when the government can order an internet or cloud company not to tell you about a warrant, court order, or subpoena for your data.
  • Sets time limits: up to 90 days for most cases, and up to 1 year in certain child-exploitation investigations if the government reports key changes to the court.
  • Requires judges to make a written, fact-based decision in most cases, and to choose the least restrictive option (like notifying a lawyer) when it won’t harm the investigation.
  • Gives companies a clearer path to challenge these secrecy orders in court, and pauses the company’s duty to hand over the data while the challenge is decided (unless a judge lifts the pause).
  • After the secrecy order ends, the government must notify the person within 5 business days using at least two methods and, if requested within 180 days, provide a copy of what was disclosed (with limited exceptions).
Data PrivacyCivil RightsCriminal Justice

Milestones

3 milestones5 actions
Nov 20, 2025House

Ordered to be Reported (Amended) by Voice Vote.

Nov 20, 2025House

Committee Consideration and Mark-up Session Held

Nov 18, 2025House

Committee Consideration and Mark-up Session Held

Nov 17, 2025House

Referred to the House Committee on the Judiciary.

Nov 17, 2025

Introduced in House

What Happens Next

Projected impacts based on AI analysis

After the bill becomes law

Courts start using the new limits and written-reason rules for secrecy orders tied to digital warrants/subpoenas.

In many investigations, secrecy orders would be harder to get and would have clearer time limits (usually 90 days at a time), which can mean more people eventually get notice that their data was sought.

Soon after the bill becomes law

Providers begin using the new process to challenge secrecy orders, with data disclosure paused while the challenge is pending unless a judge lifts the pause.

Some data handovers could be delayed while a judge decides if the secrecy order is legal or reasonable, which can protect customers in improper cases but may slow investigations in others.

Each time an order expires (or an extension ends), after the bill becomes law

When secrecy orders expire, the government must notify the named customer/subscriber within 5 business days using at least two delivery methods.

If your records were obtained under one of these secrecy orders, you should receive a copy of the warrant/order/subpoena plus an explanation of what happened and which court authorized secrecy.

Within 180 days after you receive notice

People who get notice can request the information that was disclosed, within 180 days of receiving that notice (with limits on illegal/child exploitation material).

You may be able to see what information was turned over (or get a statement that nothing was disclosed), which can help you decide whether to challenge what happened or protect your accounts.

Once each year for the prior calendar year, after the bill becomes law

The Justice Department publishes an annual report (by federal court district) with counts of delayed-notice and nondisclosure orders, including those affecting news media, plus basic outcome stats like arrests/trials/convictions tied to investigations using these orders.

The public, Congress, and journalists would get a clearer picture of how often secrecy around digital data demands is used and in what kinds of cases, creating more accountability over time.

Related News

3 articles
The Hill·almost 3 years ago

House passes bill to limit government’s use of secret data requests

The House passed the NDO Fairness Act, which aims to limit the government's ability to issue 'gag orders' that prevent tech companies from notifying users when their data is being subpoenaed. The bill requires a written determination from a judge to justify the secrecy.

C=
National Review·almost 3 years ago

House Passes Bill to Curb Secret Government Data Requests

The House of Representatives passed the NDO Fairness Act, a bipartisan bill that would limit the government’s ability to issue secret subpoenas for user data from tech companies. The legislation seeks to end the routine use of indefinite non-disclosure orders.

R=
Bloomberg Law·almost 3 years ago

House Passes Bill to Limit Secret Data Requests to Tech Firms

The NDO Fairness Act would require a judge to issue a written determination that a non-disclosure order is necessary to prevent a 'statutorily enumerated harm.' It also sets a 90-day limit on most gag orders, with specific extensions allowed for child exploitation cases.

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Source Information

Document Type

Congressional Bill

Official Title

NDO Fairness Act

Bill NumberHR 6048
Congress119th Congress
ChamberHouse of Representatives
Latest ActionOrdered to be Reported (Amended) by Voice Vote.

Sponsor

Cosponsors

(1)
D: 1

Analysis generated by AI. While we strive for accuracy, this should not be considered legal or professional advice. Always verify information with official government sources.