Bills · S 3663
IN COMMITTEE· 119TH CONGRESS
Senate BillS 3663Crime and Law Enforcement
NDO Fairness Act of 2026
INTRO JAN 15· LAST ACTION JAN 15
READING
10MIN
COSPONSORS
5BIPARTISAN
READER REACTIONS0 TOTAL
NO VOTES YET · BE THE FIRST
- Introduced only
LEGISLATIVE PROGRESS
STEP 2 / 8Introduced
In Committee
Reported
Passed Senate
Passed House
Conference
To President
Became Law
WHAT THE BILL DOES
AI-writtenThis bill matters because it attempts to strike a balance between individual privacy rights and the needs of law enforcement to conduct investigations effectively. If it becomes law, it would bring more transparency and judicial scrutiny to government requests for electronic data that come with secrecy orders. This means that while law enforcement can still request data without immediately notifying the user, there will be clearer time limits and more specific reasons required from a judge to maintain that secrecy.
Without this bill, the current rules for non-disclosure orders could be seen as less restrictive, potentially allowing secrecy to last longer or be granted with less detailed justification. The bill’s changes could lead to fewer long-term secrecy orders and empower tech companies to push back against orders they deem overly broad or unnecessary, potentially safeguarding user privacy more effectively while still allowing critical investigations, especially those involving child exploitation, to proceed with necessary discretion.
KEY PROVISIONS
5AI-extractedPROVISION 01
Sets a maximum duration for non-disclosure orders (NDOs) of 90 days for most investigations, and up to 1 year for child pornography or sexual exploitation cases.
This provision limits how long the government can secretly access someone's electronic data without their knowledge, introducing clearer timeframes.
PROVISION 02
Requires courts to issue a written determination, based on specific facts, that not granting an NDO would result in adverse outcomes like endangering an individual or destroying evidence.
This increases judicial oversight, ensuring that secrecy orders are granted only when clearly justified by a judge.
PROVISION 03
Allows electronic communication service providers to apply to a court to modify or cancel an NDO if it does not meet requirements or is unreasonable/unlawful.
This grants service providers a critical avenue to challenge government secrecy orders, potentially protecting user privacy and preventing overreach.
PROVISION 04
Permits courts to presume adverse outcomes (like endangering life or destroying evidence) are met in child pornography and sexual exploitation cases, allowing for NDOs without a detailed written decision.
This streamlines the process for obtaining secrecy orders in critical child exploitation investigations, potentially speeding up law enforcement actions in these cases.
PROVISION 05
Mandates that governmental entities notify the court within 14 days if the need for a secrecy order materially changes, prompting the court to reassess the order.
This ensures that secrecy orders are not maintained longer than necessary, promoting a balance between investigative needs and individual privacy.
SPONSORSHIP
1 + 5
D· Delaware
YRS IN OFFICE
15
BILLS LED
64
COSPONSOR BREAKDOWNBIPARTISAN · 80%
DEM 2 REP 3 IND 0
ACTION TIMELINE
2 EVENTSJAN 15
Introduced in Senate
JAN 15
Read twice and referred to the Committee on the Judiciary.
BILL INFO
TypeSenate Bill
NumberS 3663
Congress119th
StatusIn Committee
IntroducedJan 15, 2026
Last actionJan 15, 2026
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IN COMMITTEE· 119TH CONGRESS · JUDICIARY COMMITTEE · INTRODUCED JAN 15, 2026
Senate BillS 3663Crime and Law Enforcement
NDO Fairness Act of 2026
INTRODUCED JAN 15, 2026· LAST ACTION JAN 15, 2026
PASSAGE CHANCES
—%
READING
10 min
COSPONSORS
5
COMPLEXITY
Moderate
