NDO Fairness Act

The NDO Fairness Act (HR 3089) amends federal law to strengthen court oversight when law enforcement seeks to delay or prevent service providers from notifying customers about warrants for their communications data. It requires courts to issue written findings showing specific risks (like evidence destruction or witness intimidation) before granting a 90-day delay, and mandates that delays must be narrowly tailored with no less restrictive alternatives. After a delay ends, law enforcement must provide customers with a copy of the warrant and detailed notice about the investigation within five business days, plus the option to request disclosed data within 180 days. The bill also adds annual reporting requirements for the Attorney General on how often these delayed notice orders are used, including data on cases involving media or First Amendment activities.