NDO Fairness Act

Summary

Amends the federal law that governs whether and when service providers must notify customers about government warrants, orders, or subpoenas for electronic communications. It allows courts to issue temporary nondisclosure (gag) orders telling providers not to notify anyone about such process, subject to specific time limits, required factual findings, and narrow-tailoring requirements; longer gag periods (up to one year) are allowed in child-exploitation cases, while most other investigations are limited to 90 days. The bill also requires applicants to state whether the targeted account holder is aware of the process or suspected of wrongdoing, and forbids gag orders that force providers to report when the gag expires.

• Gives courts explicit authority to issue nondisclosure (gag) orders preventing providers from notifying customers about warrants, orders, or subpoenas for electronic communications.
• Permits up to 1-year nondisclosure orders in child-exploitation and related investigations; limits other nondisclosure orders to 90 days.
• Requires government applicants to state whether the targeted subscriber knows of the process and whether they are suspected of the offense.
• Requires courts to make written, fact-based findings that nondisclosure is necessary to prevent specified harms (e.g., danger to life, flight, evidence destruction, witness intimidation, jeopardized investigation or trial delays).
• Mandates narrow tailoring and that no less-restrictive alternative (including notifying the subscriber or counsel) exists before issuing or extending a gag order.
• Prohibits requiring providers to notify the court or government when a nondisclosure order expires.
• Requires the court to review the underlying warrant, order, or subpoena under 18 U.S.C. § 2703 when considering a nondisclosure request.
• Includes procedural protections but expands the government’s ability to obtain secrecy in certain investigations, especially child-exploitation cases.