RGS Applauds Third Passage of the NDO Fairness Act by the U.S. House of Representatives

FOR IMMEDIATE RELEASE

WASHINGTON, August 31, 2026 – The Reform Government Surveillance coalition (RGS) today released a statement applauding the House passage of the NDO Fairness Act for the third time in a row. 

“The passage of this bipartisan bill, led by Representative Fitzgerald (WI-05) and Representative Nadler (NY-12), is a crucial step in the effort to strengthen the nondisclosure order (NDO) process and ensure Americans’ digital rights. The legislation protects Americans’ sensitive data by requiring meaningful judicial review before law enforcement can obtain secrecy orders.

The NDO Fairness Act has now passed the U.S. House of Representatives three times. This demonstrates the broad bipartisan support for this common sense and critical legislation. As digital information becomes increasingly central to Americans’ lives, Congress should ensure that the laws governing access to that information protect the privacy, transparency, and due process guaranteed by the Constitution. Americans deserve the same constitutional rights for digital searches as physical ones.”

The NDO Fairness Act provides courts with a clear and meaningful standard for evaluating nondisclosure requests when law enforcement seeks access to an individual’s emails, photos, location information, or other sensitive data. The legislation also helps ensure the government does not impose overly broad or indefinite NDOs that are inconsistent with the standards applied to comparable court-ordered physical searches. 

RGS encourages the Senate to quickly pass the NDO Fairness Act and send the bill to the President to be signed into law. Enacting this legislation would bring long-overdue reform to the NDO process and reaffirm Congress’s commitment to protecting Americans’ constitutional rights in an age of constant connectivity.