NDO Fairness Act

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).