In the wake of former special counsel Jack Smith obtaining data from Republicans without notification under the Arctic Frost investigation, lawmakers are moving to limit federal prosecutors’ ability to secretly obtain phone records.
The NDO Fairness Act would restrict non-disclosure orders (NDO) on American citizens and require notification unless a judge approves a delay, aiming to limit the Department of Justice’s (DOJ) use of secrecy in investigations. An NDO is a legal surveillance tactic that prevents service providers from notifying customers that their data has been disclosed to law enforcement, thereby avoiding the risk of jeopardizing an active investigation.
The NDO Fairness Act passed the House Judiciary Committee with unanimous support in November 2025. Originally scheduled for a House vote in February 2026, the vote was postponed due to a partial government shutdown.
A source familiar with House and Senate discussions said the bill is likely to pass the House with broad bipartisan support, noting there has been “no opposition” and that it will likely move quickly when brought up.
The source said that Senate lawmakers are waiting for the House to act first, with the Senate expected to take up the bill after House passage.
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