New Rules for Government Digital Surveillance Gag Orders and Citizen Notification.
This law tightens restrictions on Non-Disclosure Orders (NDOs) that prevent tech companies from informing customers when the government demands their electronic data. It limits the initial duration of these gag orders to 90 days (with exceptions for child exploitation cases) and requires courts to provide specific written justification for secrecy. Crucially, once the secrecy period ends, citizens must be notified and given the right to request a copy of the information disclosed to law enforcement.
Key points
Gag Order Limits: Non-disclosure orders preventing notification about government data requests are generally limited to 90 days, requiring judicial review for extensions.
Mandatory Notification: Upon expiration of the secrecy order, the affected customer must be notified and provided with a copy of the warrant and the disclosed data (excluding illicit material).
Stricter Judicial Review: Courts must issue a written determination based on specific facts showing that notification would seriously jeopardize the investigation or endanger individuals.
Increased Transparency: The Attorney General must publish annual reports detailing the number of warrants issued and the use of non-disclosure orders, including those affecting the news media.
Expired
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