Sponsors (2)
The bill adds some procedural protections and reporting requirements around secret nondisclosure orders but expands and prolongs secrecy in ways that delay notice to individuals, limit external oversight, and risk chilling journalism and lawful speech.
State and local courts must make written, fact-based findings and narrowly tailor nondisclosure orders, limiting overly broad secrecy and protecting due process.
The Department of Justice must produce annual, district-level reports on delayed or precluded notice use and effects (including on the news media), increasing public transparency and oversight.
Providers can share information with their legal counsel and necessary employees to obtain legal advice and comply with legal process without violating nondisclosure orders, protecting providers' ability to defend themselves and meet obligations.
Named customers or subscribers can be kept unaware of government searches of their communications for up to 90 days (and up to 1 year for certain child‑sex offenses), delaying their ability to learn of or challenge searches.
Expanded authority for secret nondisclosure orders can cover news-media members and communications, creating a chilling effect on journalists and lawful speech despite reporting requirements.
Providers are barred from notifying courts or other government entities when nondisclosure orders expire, reducing external oversight and making it harder to track or limit secrecy periods.
Based on analysis of 2 sections of legislative text.
Allows courts to issue nondisclosure orders delaying provider notice of warrants/subpoenas up to 90 days (or 1 year for child-exploitation cases) with required written judicial findings.
Official title: To amend title 18, United States Code, to modify delayed notice requirements, and for other purposes.
Introduced November 17, 2025 by Scott Fitzgerald · Last progress August 31, 2026
Authorizes courts to issue or extend nondisclosure (no-notice) orders to electronic-communications and remote-computing service providers for warrants, orders, or subpoenas when the government is permitted or allowed to delay notice, with specific duration limits and required written findings. Orders can last up to 1 year in child sexual exploitation investigations and up to 90 days for other matters, and courts must make fact-based, narrowly tailored determinations showing that notice would likely cause specific harms and that no less-restrictive alternative exists.