H.R. 6048 · 119th Congress · House

NDO Fairness Act

Active· Committee Consideration and Mark-up Session Held
Introduced
Nov 17, 25
Passed House
Pending
Passed Senate
Pending
Sent to President
Pending
Signed into Law
Pending

Executive Summary

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.

Action Timeline

5
  1. NOV 20, 2025House committee actions

    Ordered to be Reported (Amended) by Voice Vote.

  2. NOV 20, 2025House committee actions

    Committee Consideration and Mark-up Session Held

  3. NOV 18, 2025House committee actions

    Committee Consideration and Mark-up Session Held

  4. NOV 17, 2025House floor actions

    Referred to the House Committee on the Judiciary.

  5. NOV 17, 2025Library of Congress

    Introduced in House

Committees

1

Judiciary Committee

hsju00

Referred: Nov 20, 2025

Active