This bill, known as the "NDO Fairness Act of 2026," significantly amends section 2705 of title 18, United States Code, to revise the process by which governmental entities can obtain non-disclosure orders (NDOs) that prevent electronic communication service providers from notifying customers about warrants, orders, or subpoenas. It stipulates that courts may grant NDOs for a maximum of one year in cases involving child pornography or sexual exploitation, and for up to 90 days for all other investigations. For an NDO to be issued or extended, a court must make a written determination , based on specific facts, that not granting the order would likely lead to adverse outcomes such as endangering individuals, flight from prosecution, evidence destruction, witness intimidation, or jeopardizing an investigation. The order must also be narrowly tailored , with no less restrictive alternatives available. However, in cases related to child pornography or sexual exploitation, the court may presume that adverse results are met, allowing for NDO issuance without a detailed written decision. Extensions for NDOs are limited to 90 days each and require the same rigorous written determination by the court. The bill also introduces provisions for service providers, allowing them to challenge NDOs if they do not meet statutory requirements or are deemed unreasonable, with their obligation to disclose information stayed during the challenge. Providers are permitted to disclose information to comply with the warrant, seek legal advice, or to other persons as determined by the court. A crucial provision mandates that upon the expiration of an NDO, the governmental entity must notify the named customer or subscriber by at least two methods within five business days. This notification must include a copy of the warrant or subpoena and details about the law enforcement inquiry and the court-ordered preclusion of notice. Customers are granted the right to request a copy of the information disclosed within 180 days of receiving notification, with exceptions for illicit records or child exploitation materials. Any redactions to this information are only permissible if a court finds them necessary to preserve the secrecy or integrity of an investigation. Finally, the legislation requires the Attorney General to submit an annual report to Congress and the Administrative Office of the U.S. Courts. This report must detail the number of warrants, subpoenas, NDO applications, grants, and denials, including those affecting members of the news media, and the resulting arrests, trials, and convictions from investigations where NDOs were obtained.
This bill, known as the "NDO Fairness Act of 2026," significantly amends section 2705 of title 18, United States Code, to revise the process by which governmental entities can obtain non-disclosure orders (NDOs) that prevent electronic communication service providers from notifying customers about warrants, orders, or subpoenas. It stipulates that courts may grant NDOs for a maximum of one year in cases involving child pornography or sexual exploitation, and for up to 90 days for all other investigations. For an NDO to be issued or extended, a court must make a written determination , based on specific facts, that not granting the order would likely lead to adverse outcomes such as endangering individuals, flight from prosecution, evidence destruction, witness intimidation, or jeopardizing an investigation. The order must also be narrowly tailored , with no less restrictive alternatives available. However, in cases related to child pornography or sexual exploitation, the court may presume that adverse results are met, allowing for NDO issuance without a detailed written decision. Extensions for NDOs are limited to 90 days each and require the same rigorous written determination by the court. The bill also introduces provisions for service providers, allowing them to challenge NDOs if they do not meet statutory requirements or are deemed unreasonable, with their obligation to disclose information stayed during the challenge. Providers are permitted to disclose information to comply with the warrant, seek legal advice, or to other persons as determined by the court. A crucial provision mandates that upon the expiration of an NDO, the governmental entity must notify the named customer or subscriber by at least two methods within five business days. This notification must include a copy of the warrant or subpoena and details about the law enforcement inquiry and the court-ordered preclusion of notice. Customers are granted the right to request a copy of the information disclosed within 180 days of receiving notification, with exceptions for illicit records or child exploitation materials. Any redactions to this information are only permissible if a court finds them necessary to preserve the secrecy or integrity of an investigation. Finally, the legislation requires the Attorney General to submit an annual report to Congress and the Administrative Office of the U.S. Courts. This report must detail the number of warrants, subpoenas, NDO applications, grants, and denials, including those affecting members of the news media, and the resulting arrests, trials, and convictions from investigations where NDOs were obtained.