Government Surveillance Transparency Act of 2026

Increased Transparency for Individuals: The bill requires that notice of criminal surveillance orders be eventually provided to targets, which helps individuals understand when they have been under investigation (Sec. 2, Section 3132(a); Sec. 4).

Limits on Sealing of Records: A court may not seal a criminal surveillance order, application, or inventory for a period that extends after the order is executed or the authorized surveillance ends, unless specific exceptions apply (Sec. 2, Section 3132(a)(1)).

Ability to Challenge Sealing: Any person seeking to unseal a surveillance order, application, or inventory may challenge the certification of an adverse result or specific extension requirements (Sec. 2, Section 3132(a)(2)(E)).

Recouping Legal Costs: If a person substantially prevails in a challenge to unseal a surveillance order, the court shall order the applicant to pay the person's litigation costs, including reasonable attorney's fees (Sec. 2, Section 3132(a)(2)(E)(iii)).

Improved Public Access to Records: The bill mandates that public docket records for criminal surveillance cases be made available as an open Government data asset (Sec. 2, Section 3132(b)(1)(A)).

Enhanced Reporting and Oversight: The Act requires annual reports from judges regarding the issuance of orders and warrants, providing a detailed summary and analysis of the data (Sec. 5; Sec. 7).

Potential Risk to Investigations: The bill allows for the sealing of orders if the applicant certifies that failure to do so would result in adverse consequences, such as endangering lives, causing flight from prosecution, destruction of evidence, or intimidation of witnesses (Sec. 2, Section 3132(a)(2)(B)).

Delayed Notification: The government may apply for orders delaying required notice to a person, and these orders may be granted for specific periods (Sec. 5, Section 2705(a)).