S 3663

The NDO Fairness Act of 2026 aims to increase transparency and oversight of the government’s use of nondisclosure orders (NDOs) to obtain customer data from internet service providers. The bill requires a higher standard for obtaining an NDO, including a written court determination justifying its issuance and limiting the duration of most orders to 90 days (with a longer limit for child pornography cases). It also mandates annual reporting by the Department of Justice on NDO activity, providing data on applications, orders, and their impact on the media and criminal justice outcomes.