HR-6048 — NDO Fairness Act

YourVoice.Now Summary

Civil LibertiesTransparency & Accountability

Secret gag orders on your email provider would face a 90-day limit — and you would be told once they end.

Civil Liberties

Notice when the government secretly takes your account data

When the gag order runs out, the government would have to deliver a copy of the warrant and explain the inquiry. You could also ask for a copy of what your provider turned over.

Court limits on secret gag orders — 90 days, not open-ended

Gag orders would run 90 days for most investigations. Each renewal would be capped at another 90 days and would need a fresh written ruling from the judge.

Proof a judge must see before granting a gag order

A judge could grant the order only after written findings that notice would likely endanger someone, cause flight, destroy evidence, scare witnesses, or wreck the case. The order would also have to be as narrow as possible.

Your provider's right to fight a gag order in court

The email or cloud company could go back to the judge and ask to change or cancel the order. Handing over your data would pause while the judge decides.

Notice protections in child exploitation cases — up to one year

In child sexual abuse cases, the judge could presume secrecy is needed and skip the written ruling. Those orders could run a full year instead of 90 days.

Transparency & Accountability

Public yearly report on secret data orders

The Attorney General would publish yearly numbers for each federal court district: how many people were targeted, how many gag orders were sought, and how many judges granted or denied.

Public count of gag orders aimed at journalists

The same report would have to break out how many of these orders touched members of the news media or First Amendment activity.

More about this bill

When the government orders your email or cloud provider to hand over your data, it can also order the company to stay quiet. Those gag orders could no longer run open-ended. Most would last 90 days, and a judge would have to put the reasons in writing. Once the gag ends, the government would have to reach you within five business days, by at least two methods. You would get a copy of the warrant. If you asked within 180 days, you could also see what was handed over. Cases about child sexual abuse could stay secret for up to a year. The Justice Department would post a yearly count of these orders.

Congressional 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 investigations, though it permits a duration of up to one year for investigations pertaining to an offense involving child pornography or sexual exploitation of children.Finally, the bill requires the Department of Justice to report annually on data related to NDOs, including the number of customers or subscribers targeted; applications for orders; orders granted, extended, or denied; and orders targeting members of the media or conduct related to certain protected activities.

Legislative Subjects

Business recordsComputers and information technologyCongressional oversightConsumer affairsCriminal investigation, prosecution, interrogationInternet, web applications, social mediaJudicial procedure and administrationRight of privacyTelephone and wireless communication

Details

Congress: 119th
Chamber: House
Status: summarized
Action: Ordered to be Reported (Amended) by Voice Vote.
Action Date: 2025-11-20
Date Added: 2026-08-26
Source: Congress.gov →

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