Ndo Fairness Act

Floor Speech

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Mr. JORDAN. Madam Speaker, I yield myself such time as I may consume.

Madam Speaker, the NDO Fairness Act is a significant step in addressing the government's overreach and abuse of nondisclosure orders, also known as gag orders.

All too often, the government obtains a court order to secretly demand the communications of American citizens from third-party tech companies like Apple, Google, Microsoft, and Verizon. Through these orders, the government blocks these companies from alerting their customers or users that the government is looking through their emails and phone records. In other words, you don't get to know.

The frequency with which the government uses these orders to demand information is shocking. One company received 2,400 to 3,500 orders every year between 2016 and 2021. That is 7 to 10 orders every day-- every single day. Some of those orders do not contain an expiration. That means the government is authorized to spy on Americans' private information indefinitely.

Think about that, Madam Speaker. You may never know that the government accessed and snooped on your most intimate information.

More astoundingly, these nondisclosure orders are often approved by a rubberstamp process for routine investigations without any real showing of the need for secrecy.

This bipartisan bill ensures that our rights enshrined in the Constitution are protected from government overreach. The bill requires courts to issue written decisions as to why orders are necessary. It sets a 60-day limit for such orders and allows providers to challenge unjustified orders in a court of law.

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Mr. JORDAN. Madam Speaker, I urge a ``yes'' vote, and I yield back the balance of my time.

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