NDO Fairness Act of 2026

Summary

Allows a court to issue time-limited nondisclosure orders that bar electronic communications or remote computing service providers from notifying customers or others when the government seeks a warrant, order, or subpoena for their records or communications. Orders are limited in duration (up to 1 year for child sexual exploitation offenses and up to 90 days for other investigations), must be narrowly tailored, and require a written judicial finding that nondisclosure is likely necessary for specified risks to safety or to the investigation.

• Gives courts explicit authority to issue nondisclosure (gag) orders preventing providers from notifying customers about warrants, orders, or subpoenas for electronic communications.
• Sets duration limits: up to 1 year for child pornography/sexual exploitation offenses, and up to 90 days for other investigations.
• Applications must state whether the customer knows about the process and whether they are suspected of the offense.
• Courts must issue written factual findings and legal conclusions showing nondisclosure is likely necessary for specific risks (danger to life, flight, evidence tampering, witness intimidation, or serious jeopardy to investigation).
• Orders must be narrowly tailored and use the least-restrictive alternative; courts must review the underlying warrant/order/subpoena.
• Allows courts to apply a presumption in child-exploitation cases, emphasizing stricter secrecy for such offenses.
• Permits nondisclosure orders that do not require providers to report when the order expires.
• Establishes procedures for issuing, extending, and reassessing nondisclosure or analogous orders.