NDO Fairness Act of 2026

Increased Transparency through Reporting: The Attorney General must publish an annual report detailing the number of customers affected by these orders and the resulting arrests or convictions, which provides public oversight. (Section 2, subsection b, paragraph 1)

Mandatory Post-Investigation Notification: Once an order expires, the government is required to notify the individual using at least two specific methods, such as personal service or mail, within 5 business days. (Section s, subsection (a), paragraph 9)

Right to Information: Individuals can request, within 180 days of being notified, a copy of the information that was disclosed to the government, provided it is not illicit or related to specific crimes like child pornography. (Section 2, subsection (a), paragraph 10)

Judicial Safeguards against Broad Requests: A court cannot grant a request unless it issues a written determination proving that not granting it would result in specific harms, such as destruction of evidence or flight from prosecution. (Section 2, subsection (a), paragraph 2)

Legal Recourse for Providers: Service providers have the opportunity to be heard in court to challenge an order if they believe compliance is unreasonable or unlawful. (Section 2, subsection (a), paragraph 5)

Limited Duration for Certain Investigations: For investigations not involving child pornography or sexual exploitation, orders preventing notice are limited to no more than 90 days. (Section 2, subsection (a), paragraph 1, subparagraph B, clause ii)

Presumption of Risk in Specific Offenses: In cases involving child pornography or sexual exploitation, a court may presume that adverse results—like destruction of evidence—are met without needing a written decision. (Section 2, subsection (a), paragraph 2, subparagraph B, clause ii)

Restrictions on Information Access: Even if an individual requests their records, the government is permitted to withhold records pertaining to child pornography, sexual exploitation, or other illegal material. (Section 2, subsection (a), paragraph 10, subparagraph A)

Potential Redactions of Information: Any information provided to an individual may be redacted if a court finds it necessary to protect the integrity of an investigation. (Section 2, subsection (a), paragraph 11)