NDO Fairness Act

Received in the Senate and Read twice and referred to the Committee on the Judiciary.

May 16, 2023

NDO Fairness Act This bill makes various changes to the procedures and requirements with respect to delayed notification orders. Current law authorizes the government to compel providers of electronic communication services or remote computing services (providers) to disclose certain records and information pertaining to subscribers and customers. Further, a provider may notify subscribers or customers of the government's request for records and information unless the government obtains a delayed notification order. With respect to delayed notification orders, the bill raises the standard for courts to grant a delayed notification order, requires courts to issue delayed notification orders only after issuing a written determination based on specific facts, and requires orders to be narrowly tailored. Finally, the bill requires the Department of Justice to report annually on data related to delayed notification orders, including the number of customers or subscribers targeted; the number of applications for orders; the number of orders granted, extended, or denied; and the number of orders targeting members of the media or conduct related to certain protected activities.