Bill passed to limit government access to phone and email data.

The U.S. House of Representatives Passes Bill to Protect Personal Data

Unanimous Vote for NDO Fairness Act

The U.S. House of Representatives has taken a major step towards protecting the privacy of American citizens. On May 15, the lower chamber passed the NDO Fairness Act in a unanimous 412–0 vote. Sponsored by Reps. Scott Fitzgerald (R-Wis.) and Jerry Nadler (D-N.Y.), the bill aims to restrict the federal government’s access to personal cell phone and email data.

Current Law and NDOs

Under current law, prosecutors can request email and cell phone records from individuals who are not suspected of any criminal behavior. These requests are often accompanied by Non-Disclosure Orders (NDOs), which have come under scrutiny in 2021. It was revealed that prosecutors had used NDOs to search major outlet journalists and members of Congress.

Strengthening Legislative Safeguards

The NDO Fairness Act would strengthen legislative safeguards against the misuse of NDOs by prosecutors. It would require them to prove to a court that a “substantially adverse event” would be likely from failure to issue an NDO. The bill would also require stricter scrutiny of such gag orders and limit them to a 30-day window, with opportunities for additional 30-day extensions as needed.

Bolstering Privacy Protections

“The federal government has abused its authority to access the personal data of individuals under investigation,” said Fitzgerald. “This legislation would bolster privacy protections to be comparable to those in a physical office or workplace while providing a much-needed check on the federal government’s surveillance authorities.”

Nadler added, “In the 21st century, federal prosecutors no longer need to rely on secrecy orders to conduct investigations. This bill will ensure that NDOs are used only when necessary and with proper oversight.”

Protecting Americans in Criminal Investigations

Nadler emphasized that the abuse of secrecy orders is not limited to Congress. Schools, local governments, Fortune 500 companies, and countless others have had their data swept up by investigators looking to sidestep the basic protections afforded to Americans in criminal investigations.

The NDO Fairness Act is a crucial step towards protecting the privacy of American citizens and ensuring that their personal data is not misused by the federal government.