RGS Statement on the NDO Fairness Approval by the U.S. House Judiciary Committee

Washington, DC – The Reform Government Surveillance coalition (RGS) today released a statement supporting the House Judiciary Committee’s approval of the NDO Fairness Act.

“This bipartisan bill, led by Representative Fitzgerald (WI-05) and Representative Nadler (NY-12), renews a critical effort to strengthen the nondisclosure order (NDO) process and protect Americans’ digital rights. By requiring meaningful judicial review before secrecy orders are issued, the legislation ensures greater accountability and transparency when law enforcement seeks access to Americans’ sensitive communications and data.

“Now in its third introduction, earning broad bipartisan support, the NDO Fairness Act has twice passed the U.S. House of Representatives unanimously. The NDO Fairness Act is a clear indication that protecting privacy in the digital era transcends party lines. Americans should not be deprived of their ability to assert their constitutional rights simply because the government is seeking their digital and not physical records. As digital information becomes increasingly central to Americans’ lives, the time to act is now. Passing this bill would reaffirm Congress’s commitment to upholding constitutional protections in an age of constant connectivity.”

The NDO Fairness Act provides courts with a clear, fair standard for evaluating nondisclosure requests related to sensitive information such as emails, photos, and location data. It also helps prevent the government from imposing overly broad or indefinite secrecy orders that would never be permitted for comparable physical searches. With this legislation, Congress can bring long-overdue reform to a process that directly impacts public trust, privacy, and civil liberties in the digital age.

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