HR6048119th CongressWALLET

NDO Fairness Act

Sponsored By: Representative Fitzgerald

In Committee

Summary

This bill creates a process for court-ordered delayed notice when the government serves electronic communications warrants, orders, or subpoenas. It lets courts block providers from telling named customers or subscribers about a data request, but only under strict factual findings and set time limits.

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  • Investigators: Allows a government applicant to ask a court to prevent a provider from notifying others about a 18 U.S.C. 2703 warrant, order, or subpoena. Orders can last up to one year for child pornography or sexual exploitation cases and up to 90 days for other investigations.
  • Providers: Requires the government to give providers a copy of the warrant or order when served. Providers can ask the court to modify or vacate a nondisclosure order and may disclose to necessary persons or counsel as the court permits.
  • Named customers and subscribers: After an order expires the government must notify the named person within 5 business days by at least two methods and must provide a copy of disclosed records or a written certification within 180 days, with narrow exceptions for illicit child sexual material.
  • Courts and rights: Courts must issue written findings showing specific risks like bodily harm, flight, evidence tampering, witness intimidation, or serious jeopardy to an investigation and must narrowly tailor orders and consider less restrictive options.
  • Transparency and oversight: The Attorney General must publish an annual, district-level report with counts of requests, grants, denials, media-related orders, and resulting arrests, trials, and convictions and describe the methods used to compile the data.

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 3 benefits, 0 costs, 0 mixed.

Providers can challenge secrecy orders

This bill would let service providers ask a court to change or cancel a secrecy order. Filing a challenge would pause the duty to turn over records until the court decides, unless the court lifts the pause. Providers could share information as needed to comply, get legal advice, or with people the court allows. Anyone told under these exceptions would have to follow the same secrecy rules.

Tighter court rules for secrecy orders

This bill would raise the bar for secrecy orders that block notice to customers. Courts would need written findings with specific facts, show no less‑restrictive option, and review the warrant. For child sexual‑exploitation cases, courts could presume harm and stop notice for up to one year. For other cases, secrecy could last up to 90 days, with 90‑day extensions only if the court makes new written findings. The government would have to tell the court within 14 days if facts change so the court can recheck the order.

Notice after secrecy orders to customers

If enacted, the government would have to send you a copy of the warrant and a notice within 5 business days after a nondisclosure order ends. The notice would be sent by at least two methods, like mail and email, and explain the inquiry and why notice was delayed. You would have 180 days to ask for copies of what was shared or a written statement that nothing was shared. A court could allow redactions to protect an investigation, and illegal materials like child sexual‑exploitation content could be withheld.

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Sponsors & CoSponsors

Sponsor

Fitzgerald

WI • R

Cosponsors

  • Rep. Nadler, Jerrold [D-NY-12]

    NY • D

    Sponsored 11/17/2025

Roll Call Votes

No roll call votes available for this bill.

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