NDO Fairness Act

Full Title:
NDO Fairness Act of 2025

Summary#

This bill changes section 2705 of title 18 of the U.S. Code. It updates when a court can order a provider of electronic communications or remote computing services not to tell a customer or subscriber about a warrant, order, or subpoena. Orders that block notice can last up to 90 days for most investigations and up to one year for matters involving child pornography or sexual exploitation of children. A court must make written findings based on specific facts that not allowing the order is likely to cause one of several harms (such as danger to someone's safety, flight, destruction of evidence, witness intimidation, or seriously harming an investigation or delaying a trial). The court must review the individual warrant, order, or subpoena involved. The bill allows limited disclosures by providers to people needed to comply, to attorneys, or to people the court allows. When a nondisclosure order is served, the government must give the provider a copy of the underlying warrant, order, or subpoena. When a nondisclosure order expires, the government must notify the named customer or subscriber within five business days by at least two methods and provide a copy of the warrant or a written certification if nothing was disclosed. A named customer or subscriber may request a copy of information that was disclosed within 180 days after receiving notice, but certain materials (for example, illicit records or child pornography materials) may be excluded. The bill also adds an annual reporting requirement: the Attorney General must publish, by federal judicial district, counts of named customers, applications for delay or nondisclosure, orders granted/denied/extended, orders affecting the news media, and arrests/trials/convictions resulting from investigations with such orders.

What it means for you#

  • If you run or work for a provider of electronic communications or remote computing services, a court can be asked to order you not to notify a customer about a legal demand for their data. You may disclose information to staff needed to comply, to counsel, or to anyone the court allows. If you challenge an order, your duty to disclose may be stayed while the court considers the challenge.
  • If you are a customer or subscriber who is the subject of a warrant, you may not be told about the warrant while a nondisclosure order is in effect. After the order ends, you should receive notice and may request a copy of materials disclosed, with specific exceptions for illicit or child exploitation materials.
  • If you are a judge, the bill requires you to make written findings, review the underlying warrant/order/subpoena, and ensure orders are narrowly tailored with no less restrictive alternative available.
  • If you are a law enforcement applicant, you must include a copy of the warrant/order/subpoena when serving a provider and notify the court of any material change in circumstances.

Expenses#

No publicly available information on costs or budgetary effects is included in the bill text or metadata provided.

Proponents' View#

No publicly available information.

Opponents' View#

No publicly available information.