SLC Times

Senators Mike Lee and Chris Coons have introduced the bipartisan NDO Fairness Act in an effort to protect American citizens' privacy and constitutional rights in the digital age. The Act aims to address the surge in the use of Non-Disclosure Orders (NDOs) in cases involving electronic data, such as emails, texts, and personal online information, by requiring the government to adhere to established legal and constitutional standards before obtaining secrecy orders for electronic searches.

Sen. Lee emphasized the importance of transparency in government surveillance of electronic communications, stating, "Americans deserve to know when the government surveils these communications." He added that the bill strikes a balance between protecting privacy and providing transparency while allowing judges to grant nondisclosure orders when necessary.

Sen. Coons highlighted the need for stricter criteria for granting non-disclosure orders, stating, "The NDO Fairness Act will ensure that NDOs are only issued in circumstances requiring secrecy and will better protect the rights of Americans."

Key components of the NDO Fairness Act include meaningful judicial review to ensure NDOs meet constitutional standards, limiting the duration of NDOs to 90 days with possible renewals if necessary, and allowing service providers to challenge unlawful NDOs to enhance the protection of Americans' data from government overreach.

The Act also introduces time-limited durations for NDOs, with special provisions for cases involving severe offenses like child exploitation. The legislation aims to align the criteria for electronic data searches more closely with those for physical searches and protect fundamental rights while ensuring secrecy orders are only granted when truly necessary.