If the feds rifle through your digital communications, you might never know. In secret, prosecutors can ask email providers, cloud hosting, and other companies for your electronic records. This evidence, gathered in secret, can be used without you ever knowing thanks to court-issued non-disclosure orders (NDOs), a gag order that prevents companies from telling you that your data has been seized.
Thankfully, Congress is taking action to shine light on this secret evidence gathering. The NDO Fairness Act limits the length of gag orders to 90 days unless they can prove that a longer duration is necessary. Vitally, the NDO Fairness Act requires courts to issue a determination that denying the gag order would endanger someone’s physical safety or throw the integrity of the criminal investigation into jeopardy. They further have to prove that the gag order is narrowly tailored, and that there are no viable alternatives to this type of secrecy.
The NDO Fairness Act defends the due process rights of Americans to know when their electronic communications are being used in court, closing a loophole the Department of Justice exploits to gather evidence in secret.
It’s a common sense fix, and has already been passed unanimously in the House. Now it’s the Senate’s turn, and they need to hear from you.
Tell the Senate to pass the NDO Fairness Act!
Send the Email! Please add your own words.