Bill > S3663

This bill, known as the NDO Fairness Act of 2026, modifies requirements for when law enforcement agencies can delay or prevent notification to individuals whose electronic communications or remote computing service records are sought through warrants, orders, or subpoenas. Specifically, it amends Section 2705 of Title 18 of the U.S. Code to establish stricter conditions for "preclusion of notice," which is when a court orders a service provider not to inform a customer about a government request for their data. Under the bill, such orders can last up to one year for child pornography or sexual exploitation investigations, and up to 90 days for other offenses. Before granting or extending these preclusion orders, courts must issue a written determination based on specific facts, finding that not granting the order would likely endanger someone, lead to flight from prosecution, destruction of evidence, witness intimidation, or seriously jeopardize an investigation. The bill also requires that such orders be narrowly tailored and that less restrictive alternatives, like notifying legal counsel, are not viable. For investigations not involving child exploitation, courts must review the specific warrant or subpoena. The bill also mandates that if the need for a preclusion order changes, the government must notify the court, and it provides a process for service providers to challenge these orders. Upon expiration of a preclusion order, the government must notify the affected individual through at least two methods, providing them with a copy of the original warrant or subpoena, details about the investigation, and information about their right to request a copy of the disclosed data, with certain exceptions for illicit materials. Finally, the bill requires the Attorney General to publish an annual report detailing the number of preclusion orders issued, extended, or denied, as well as data on their impact on investigations and any involvement with members of the news media.

Justice

https://www.congress.gov/bill/119th-congress/senate-bill/3663/all-info