H.R. 6048 — NDO Fairness Act

This section replaces 18 U.S.C. 2705(b) with new procedures authorizing courts to issue nondisclosure orders—commonly known as gag orders—to providers of electronic communications service or remote computing service, prohibiting notification to any other person of a warrant, court order, or subpoena issued under section 2703 for accessing stored communications or customer records. (As background, section 2703 governs governmental access to such provider-held data without customer notice in specified circumstances.) The new subsection (1) allows a governmental entity to apply for such an order, valid for up to one year in child pornography or child sexual exploitation investigations (with required court notification of material changes in circumstances) or up to 90 days for all other investigations; (2) requires courts to issue written findings of specific facts showing likely adverse results (e.g., endangering life or safety, evidence destruction) absent the order, narrow tailoring, no less restrictive alternatives, and review of the underlying section 2703 process—and permits a presumption of adverse results for child exploitation offenses; (3) authorizes 90-day extensions upon the same court findings; (4) mandates governmental notification to the court of changed circumstances within 14 days, with reassessment; (5) allows providers to seek modification or vacatur, with an automatic stay of disclosure obligations pending resolution (unless lifted by the court); and (6) permits limited disclosures by providers as necessary.