WASHINGTON - The Reform Government Surveillance (RGS) coalition today released a statement applauding the bipartisan Senate introduction of the NDO Fairness Act, which was also endorsed by the nation’s largest anti-sexual violence organization – RAINN. The NDO Fairness Act provides courts with a meaningful standard to evaluate nondisclosure requests by law enforcement when they seek access to an individual’s sensitive digital information without the individual’s knowledge. 

“The NDO Fairness Act would provide overdue updates to U.S. law to ensure that the constitutional rights of individuals in the digital age are protected. The legislation would more closely align the criteria for secret electronic searches with the heightened standard for conducting covert physical searches, ensuring law enforcement cannot delay notifying Americans about searches of their emails, text messages, location data, and other personal information without proper judicial review of the delay. While temporary secrecy is appropriate for some investigations, courts must apply a more rigorous standard to protect Americans’ core constitutional rights and provide much needed transparency and accountability. 

“RGS companies support this bipartisan bill, introduced by Senators Chris Coons (D-Del.) and Mike Lee (R-Utah) and sponsored in the House by Representatives Scott Fitzgerald (R-Wis.) and Jerry Nadler (D-N.Y.). Two years in a row, the House has passed on a unanimous basis the NDO Fairness Act, showing there is vast support for enacting this critical legislation. RGS urges the Senate to take up this important legislation and for President Biden to sign it into law.”