NDO Fairness Act of 2025

The "NDO Fairness Act" amends title 18, United States Code, to revise the requirements for governmental entities seeking to delay or preclude notice to individuals when obtaining their electronic communications or remote computing service data. This legislation aims to balance law enforcement needs with individual notification rights by establishing clearer rules for non-disclosure orders. It outlines the application process, duration limits, and judicial review standards for these orders. Under the bill, a governmental entity can apply for an order directing a service provider not to notify a customer or subscriber about a warrant, order, or subpoena. These non-disclosure orders are limited to a maximum of one year for investigations involving child pornography or sexual exploitation of children , provided there's a material change in circumstances. For all other investigations, the orders are limited to 90 days, with extensions possible under strict conditions. Courts may only grant or extend a non-disclosure order if they issue a written determination based on specific and articulable facts that not granting it would likely result in adverse outcomes, such as endangering safety, flight from prosecution, or evidence destruction. The order must be narrowly tailored, and courts must review the underlying warrant. However, for child pornography or sexual exploitation cases, courts may presume adverse results and issue an order without a full written decision. Service providers are granted an opportunity to challenge these orders in court. Upon the expiration of a non-disclosure order, the governmental entity is mandated to notify the affected customer or subscriber within five business days by at least two methods. This notification must include a copy of the warrant or subpoena and details about the law enforcement inquiry. Furthermore, customers can request a copy of the disclosed information within 180 days, with exceptions for illicit or child exploitation materials. The Attorney General is also required to submit an annual report to Congress detailing the aggregate number of non-disclosure order applications, grants, denials, those affecting news media, and resulting arrests or convictions.