Federal prosecutors who obtain warrants or subpoenas for someone's email or cloud-stored data would face new limits on how long they can stop the provider from telling the customer. Nondisclosure (gag) orders would generally be capped at 90 days, with up to one year allowed in child exploitation cases, and could only be granted after a judge issues written findings that notice would endanger someone, allow flight, lead to evidence destruction, intimidate witnesses, or seriously jeopardize the case. Service providers could challenge the orders in court, and once the order expires the government must notify the customer within five business days and provide a copy of what was disclosed if requested. The Attorney General would have to publish an annual report on how often these orders are used, including any affecting news media.
Civil Liberties
- Gag-order duration — Capped at 90 days for most cases, 1 year for child-exploitation cases
- Customer notice after expiration — Required within 5 business days with copy of disclosed records
- Judicial findings — Required in writing before gag order issues or extends
Transparency & Accountability
- Annual DOJ report — Required on gag-order use, including orders affecting news media
- Provider standing — Right to challenge or vacate gag orders in court
Congressional Summary
NDO Fairness Act of 2026 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 NDO-related data, 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.
Details
- Congress
- 119th
- Chamber
- Senate
- Status
- summarized
- Action
- Introduced in Senate
- Action Date
- 2026-01-15
- Date Added
- 2026-05-21
- Source
- Congress.gov →
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