U.S. Senator Mike Lee (R-UT) has introduced the NDO Fairness Act, a bipartisan bill co-sponsored by Senator Chris Coons (D-DE), aimed at increasing privacy protections for Americans in the digital age. The legislation seeks to limit law enforcement’s ability to access private electronic data without notifying individuals, unless certain legal standards are met.
“Americans have the constitutional right to be free from unreasonable searches and seizures, including searches of private electronic communications,” said Senator Mike Lee. “Our bipartisan bill protects Americans’ privacy and provides needed transparency, while still allowing judges to grant nondisclosure orders when truly needed to protect others from harm or preserve an ongoing investigation.”
Senator Chris Coons added, “The Constitution protects Americans’ right to privacy in their personal communications, but we can only assert that right if we know our privacy has been violated. It’s too easy for law enforcement to access electronic records without informing the person they’re under investigation. The NDO Fairness Act will bring the rules around electronic searches in line with physical ones, protecting Americans’ rights and freedoms.”
Non-Disclosure Orders (NDOs), also known as gag or secrecy orders, have become more common in cases involving electronic information such as emails and texts. These orders prevent service providers from telling individuals that their data has been accessed by law enforcement.
The proposed legislation would require courts to conduct meaningful judicial review before issuing NDOs for electronic searches. Courts would need to provide written findings justifying these requests and limit their duration to 90 days, with possible renewals if necessary. For severe offenses like child exploitation, the duration could extend up to one year.
The bill also gives service providers the right to challenge unlawful NDOs in court.
Senator Mike Lee represents Utah in the U.S. Senate and maintains offices in Salt Lake City, St. George, Vernal, Utah, and Washington, D.C., according to his official website. He is known for advocating limited government and legislative action on public safety issues [source].
For more information about Senator Lee’s work or constituent services offered through his Utah and Washington offices, visit his official website.
