Limiting Secret Government Access to Digital Data and Mandating Citizen Notification.
This bill tightens rules for court orders allowing the government to secretly access citizens' electronic data (emails, cloud storage) without immediate notification. It limits the duration of these non-disclosure orders (NDOs) to 90 days in most cases and requires courts to provide written justification for secrecy. Crucially, once the secrecy period expires, citizens must be notified and have the right to request a copy of the data disclosed to the authorities, increasing government transparency.
Key points
Time Limits on Secrecy: Non-Disclosure Orders (NDOs) are generally limited to 90 days (with extensions requiring renewed justification), significantly reducing the time the government can secretly hold data.
Increased Judicial Oversight: Courts must issue written findings based on specific facts to justify secrecy, ensuring the order is narrowly tailored and necessary to prevent harm (e.g., flight, evidence destruction).
Right to Data Copy: After the NDO expires, the affected customer must be notified and can request a copy of the information disclosed to the government within 180 days.
Transparency Reports: The Attorney General must publish annual reports detailing the number of secret orders issued, including those affecting members of the news media.
Status:
Introduced
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