NDO Fairness Act of 2025
The source supplies the latest action, but no lifecycle stage.
Latest action (14 Sep 2026): Received in the Senate and Read twice and referred to the Committee on the Judiciary.
What this bill does
**H.R. 6048 — NDO Fairness Act of 2025**
This bill amends federal law governing "nondisclosure orders" (NDOs), which allow the government to require electronic communications and remote computing service providers (such as email or cloud storage companies) to keep customers or subscribers unaware that their records have been sought through a warrant, subpoena, or court order. The bill sets time limits on these orders—generally 90 days, or up to one year for cases involving child pornography or sexual exploitation of children—renewable in additional periods upon court approval. It requires courts to make specific written findings, based on defined criteria such as risk of evidence destruction or witness intimidation, before granting or extending such an order, though a presumption applies for child exploitation cases. The bill also creates procedures for providers to challenge orders, requires eventual notice to affected customers once an order expires, and lets customers request copies of information disclosed about them, with certain exceptions.
The bill affects law enforcement agencies seeking these orders, service providers required to comply, and individuals whose records are the subject of investigations. It also requires the Attorney General to submit and publish annual reports to Congress detailing statistics on such orders.
The bill passed the House by voice vote on August 31, 2026, and now moves to the Senate for consideration.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
Official 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.
Timeline
14 Sep 2026
Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Common questions
- What does H.R. 6048 do?
- **H.R. 6048 — NDO Fairness Act of 2025** This bill amends federal law governing "nondisclosure orders" (NDOs), which allow the government to require electronic communications and remote computing service providers (such as email or cloud storage companies) to keep customers or subscribers unaware that their records have been sought through a warrant, subpoena, or court order. The bill sets time limits on these orders—generally 90 days, or up to one year for cases involving child pornography or sexual exploitation of children—renewable in additional periods upon court approval. It requires courts to make specific written findings, based on defined criteria such as risk of evidence destruction or witness intimidation, before granting or extending such an order, though a presumption applies for child exploitation cases. The bill also creates procedures for providers to challenge orders, requires eventual notice to affected customers once an order expires, and lets customers request copies of information disclosed about them, with certain exceptions. The bill affects law enforcement agencies seeking these orders, service providers required to comply, and individuals whose records are the subject of investigations. It also requires the Attorney General to submit and publish annual reports to Congress detailing statistics on such orders. The bill passed the House by voice vote on August 31, 2026, and now moves to the Senate for consideration.
- Has H.R. 6048 become law?
- The source does not supply a confirmed lifecycle stage for H.R. 6048. Check the latest action and official source below.
- Who sponsored H.R. 6048?
- H.R. 6048 was sponsored by Rep. Fitzgerald, Scott [R-WI-5] (R-WI), with 1 cosponsor.
- What's the latest action on H.R. 6048?
- Received in the Senate and Read twice and referred to the Committee on the Judiciary. (14 Sep 2026).
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