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HOUSE 6048119th CongressOrdered to be Reported (Amended) by Voice Vote.

NDO Fairness Act

Last Action
11/20/2025

Actions

  • 2026-09-14Received in the Senate and Read twice and referred to the Committee on the Judiciary.
  • 2026-08-31Motion to reconsider laid on the table Agreed to without objection.
  • 2026-08-31On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H5266-5267)
  • 2026-08-31Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
  • 2026-08-31DEBATE - The House proceeded with forty minutes of debate on H.R. 6048.
  • 2026-08-31Considered under suspension of the rules. (consideration: CR H5266-5268)
  • 2026-08-31Mr. Fitzgerald moved to suspend the rules and pass the bill, as amended.
  • 2025-11-20Ordered to be Reported (Amended) by Voice Vote.
  • 2025-11-20Committee Consideration and Mark-up Session Held
  • 2025-11-18Committee Consideration and Mark-up Session Held
  • 2025-11-17Referred to the House Committee on the Judiciary.
  • 2025-11-17Introduced in House
  • 2025-11-17Introduced in House

CRS Summary

As of 2025-11-17 (00)

NDO Fairness Act
 
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 data related to NDOs, 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.

Cosponsors (1)

  • Jerrold Nadler (D-NY)

Subjects

  • Business records
  • Computers and information technology
  • Congressional oversight
  • Consumer affairs
  • Criminal investigation, prosecution, interrogation
  • Internet, web applications, social media
  • Judicial procedure and administration
  • Right of privacy
  • Telephone and wireless communication
Read on Congress.gov

Sourced from Congress.gov (public domain).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.