NDO Fairness Act of 2025

This bill would increase the legal requirements the government must meet to obtain a nondisclosure order, which prevents service providers from notifying customers when their electronic communications or records are sought during an investigation. It proposes to limit the duration of most orders to 90 days, require courts to provide written determinations based on specific facts, and mandate that such orders be narrowly tailored. Additionally, the Department of Justice would be required to submit annual reports detailing the number of orders requested, granted, and denied, including those targeting members of the media.

This bill affects providers of remote computing or electronic communication services, as well as their customers and subscribers whose stored electronic communications or records are subject to government warrants, orders, or subpoenas. It also impacts the Department of Justice and federal courts, which must adhere to new standards and reporting requirements regarding nondisclosure orders. Additionally, the bill specifically addresses investigations involving members of the media or individuals engaged in certain protected activities.

• Heightened standards for nondisclosure orders. The bill increases the legal requirements the government must meet to obtain or extend a nondisclosure order (NDO) under the Stored Communications Act. Courts must issue a written determination that these standards were met based on specific and articulable facts.
• Judicial review and tailoring requirements. Before issuing an NDO, courts are required to review the underlying warrant, order, or subpoena. The bill further mandates that all nondisclosure orders must be narrowly tailored to the specific investigation.
• Time limits on notification delays. Nondisclosure orders are generally limited to a duration of 90 days. However, the bill allows for extensions of up to one year for investigations involving child pornography or the sexual exploitation of children.
• Annual Department of Justice reporting. The Department of Justice must submit annual reports detailing NDO data, including the number of subscribers targeted, applications granted or denied, and orders involving members of the media or protected activities.

This bill modifies the Stored Communications Act (SCA) by increasing the legal requirements the government must meet to obtain or extend a nondisclosure order. It specifically amends the standards and procedures for delaying notification to customers when the government compels service providers to disclose electronic communications or records.

The bill aims to increase the legal requirements and judicial oversight for the government to obtain nondisclosure orders that prevent service providers from notifying customers about warrants or subpoenas for their electronic communications. It establishes stricter standards for issuing these orders, requires they be narrowly tailored with specific time limits, and mandates annual reporting on their use.