H.R. 6048 · Passed House · Crime and Law Enforcement

NDO Fairness Act of 2025

What it does

Raises the legal standard the government must meet to obtain a nondisclosure order (NDO) that delays customer notification of government data requests.
Requires courts to issue a written determination grounded in specific facts before approving an NDO and to review the underlying warrant or subpoena.
Limits NDOs to 90 days for most investigations, with extensions up to one year only for investigations involving child pornography or sexual exploitation of children.
Requires NDOs to be narrowly tailored to the scope of the investigation.

Official summary

NDO Fairness Act This bill increases the requirements the government must meet to obtain a nondisclosure order (NDO) under the Stored Communications Act (SCA). The SCA generally prohibits providers of remote computing services or electronic communication services (providers) from disclosing stored electronic communications or records (e.g., emails) or information pertaining to customers or subscribers. However, the SCA authorizes the government seek a warrant, order, or subpoena to compel providers to disclose electronic communications or records or information pertaining to customers or subscribers during an investigation. Providers may notify customers and subscribers of the warrant, order, or subpoena unless the government obtains a court order—an NDO—that delays the notification. This bill raises the standard the government must meet to obtain (or extend) an NDO. The bill also requires the court, before issuing an NDO, to issue a written determination that the standard was met based on specific and articulable facts, and to review the underlying warrant, order, or subpoena. The bill requires NDOs to be narrowly tailored. It also limits their duration to 90 days for most…

Latest action

Sep 14, 2026: Received in the Senate and Read twice and referred to the Committee on the Judiciary.

Committee: Senate Judiciary