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House passes historic reforms to rein in secret surveillance
The House of Representatives passed the NDO Fairness Act (H.R.6048), which would require federal courts to apply a more rigorous standard before issuing non-disclosure orders. These orders currently prevent technology providers from notifying customers when law enforcement accesses their cloud-stored data.
Why it matters
This legislation would reduce the government's ability to secretly access cloud data without a user's knowledge. This allows individuals to better assert their privacy rights and prevents the use of outdated laws to bypass judicial review.
The details
The act would increase transparency reporting regarding the government's use of secrecy orders. It does not eliminate NDOs entirely, as they remain appropriate for cases involving terrorism, child exploitation, or violent crimes. Microsoft notes that recent probes, such as the "Arctic Frost" investigation, used NDOs to seek records from Members of Congress without informing judges.
What's next
The legislation now moves to the Senate for consideration to advance the reforms into law.
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