NDO Fairness Act of 2026
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Senate
- Passed House
- To President
- Became Law
Overview
The NDO Fairness Act of 2026 aims to increase the government’s requirements when seeking orders to prevent notification to customers and subscribers of ongoing investigations. Specifically, the bill mandates stricter court determinations before granting such orders, limits their duration to 90 days (with a year-long exception for child pornography cases), and requires the Department of Justice to annually report data on NDOs, including the number of individuals targeted and the types of investigations involved. It also strengthens the court's ability to review and potentially modify these orders.
Key provisions
- Requires courts to issue a written determination based on specific facts before granting an NDO.
- Limits the duration of most NDOs to 90 days, with a 1-year limit for investigations involving child pornography.
- Mandates annual reporting by the Department of Justice on NDO activity.
- Requires the court to narrowly tailor NDOs and consider less restrictive alternatives.
- Establishes a process for providers and customers to challenge NDOs.
- Provides for a stay of disclosure of information while a challenge to an NDO is pending.
- Requires the government to provide notice to customers and subscribers upon expiration of an NDO.
- Sets forth requirements for the content of the notice provided to customers and subscribers.
Who is affected
- Governmental entities (specifically, the Department of Justice)
Bill text
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Sponsors
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6 on record
Primary sponsor
Cosponsors
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