NDO Fairness Act

Bill: 118-hr-3089
Sponsor: Rep. Fitzgerald, Scott [R-WI-5]
Introduced: 2023-05-05 in the House
Policy area: Crime and Law Enforcement
Subjects: Business records
Computers and information technology
Congressional oversight
Consumer affairs
Criminal investigation, prosecution, interrogation
Internet, web applications, social media
Judicial procedure and administration
Right of privacy
Telephone and wireless communication

Summary:
action_date: 2023-05-05
text: 

NDO Fairness Act

This bill makes various changes to the procedures and requirements with respect to delayed notification orders.

Current law authorizes the government to compel providers of electronic communication services or remote computing services (providers) to disclose certain records and information pertaining to subscribers and customers. Further, a provider may notify subscribers or customers of the government's request for records and information unless the government obtains a delayed notification order.

With respect to delayed notification orders, the bill

raises the standard for courts to grant a delayed notification order,

requires courts to issue delayed notification orders only after issuing a written determination based on specific facts, and

requires orders to be narrowly tailored.

Finally, the bill requires the Department of Justice to report annually on data related to delayed notification orders, including the number of customers or subscribers targeted; the number of applications for orders; the number of orders granted, extended, or denied; and the number of orders targeting members of the media or conduct related to certain protected activities.


Legislative actions:
action_date: 2023-05-16
text: Received in the Senate and Read twice and referred to the Committee on the Judiciary.
action_date: 2023-05-15
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2023-05-15
text: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 412 - 0 (Roll no. 213). (text: CR H2321-2322)
action_date: 2023-05-15
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 412 - 0 (Roll no. 213). (text: CR H2321-2322)
action_date: 2023-05-15
text: Considered as unfinished business. (consideration: CR H2330)
action_date: 2023-05-15
text: At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
action_date: 2023-05-15
text: DEBATE - The House resumed debate on H. R. 3089.
action_date: 2023-05-15
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 3089.
action_date: 2023-05-15
text: Considered under suspension of the rules. (consideration: CR H2321-2323)
action_date: 2023-05-15
text: Mr. Fitzgerald moved to suspend the rules and pass the bill.
action_date: 2023-05-15
text: Placed on the Union Calendar, Calendar No. 37.
action_date: 2023-05-15
text: Reported by the Committee on Judiciary. H. Rept. 118-54.
action_date: 2023-05-15
text: Reported by the Committee on Judiciary. H. Rept. 118-54.
action_date: 2023-05-10
text: Ordered to be Reported by Voice Vote.
action_date: 2023-05-10
text: Committee Consideration and Mark-up Session Held.
action_date: 2023-05-05
text: Referred to the House Committee on the Judiciary.
action_date: 2023-05-05
text: Introduced in House
action_date: 2023-05-05
text: Introduced in House