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US SB3663
Bill
Status
1/15/2026
Primary Sponsor
Christopher Coons
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AI Summary
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Amends 18 U.S.C. § 2705 to reform nondisclosure orders (NDOs) that prevent tech companies from notifying customers when law enforcement obtains their electronic communications data via warrants, subpoenas, or court orders
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Limits NDO duration to 90 days for most investigations, with extensions requiring new court approval; allows up to 1 year for child pornography and sexual exploitation cases
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Requires courts to make written findings based on specific, articulable facts that disclosure would endanger safety, cause flight from prosecution, destroy evidence, intimidate witnesses, or seriously jeopardize an investigation before granting NDOs
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Mandates government notify affected customers within 5 business days after NDO expiration, providing copies of the warrant/subpoena and information about what data was disclosed upon request within 180 days
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Requires the Attorney General to submit annual public reports to Congress detailing the number of NDO applications, orders granted or denied, orders affecting news media, and resulting arrests and convictions by federal judicial district
Legislative Description
NDO Fairness Act of 2026
Crime and law enforcement
Last Action
Read twice and referred to the Committee on the Judiciary.
1/15/2026