The NDO Fairness Act modifies federal rules governing when law enforcement can obtain a court order to delay or prevent notifying people that their electronic communications and digital records have been searched. Under the bill, such "nondisclosure orders" would normally last up to 90 days but could extend to one year for cases involving child sexual abuse material or exploitation. Courts could only grant these orders if they find specific facts showing that notification would endanger someone's life, cause evidence destruction, intimidate witnesses, or seriously jeopardize an investigation, and the court must determine there is no less restrictive alternative available. The legislation requires the government to notify affected individuals within five days of the order expiring and allows them to request copies of any disclosed information within 180 days. Additionally, the Attorney General must publish an annual report to Congress detailing how many nondisclosure orders were issued, how many affected news media members, and how many cases resulted in arrests and convictions.
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