Policy Impact Analysis - 117/S/4373

Bill Overview

Title: NDO Fairness Act

Description: This bill makes various changes to the procedures and requirements with respect to delayed notification orders. Current law authorizes the government to compel providers of electronic communication services or remote computing services to disclose certain records and information pertaining to subscribers and customers. Further, a provider may notify subscribers or customers of the government's request for records and information unless the government obtains a delayed notification order. With respect to delayed notification orders, the bill raises the standard for courts to grant a delayed notification order, requires courts to issue delayed notification orders only after issuing a written determination based on specific facts, requires orders to be narrowly tailored, and shortens the duration of delayed notification orders. Finally, the bill requires the Department of Justice to report annually on data related to delayed notification orders, including the number of customers targeted; the number of applications for orders; the number of orders granted, extended, or denied; and the number of orders targeting members of the media or conduct related to certain protected activities.

Sponsors: Sen. Leahy, Patrick J. [D-VT]

Target Audience

Population: People using electronic communication and remote computing services

Estimated Size: 240000000

• The bill impacts electronic communication service providers and remote computing service providers who may receive government orders for disclosure of records.
• Customers and subscribers of these services will be impacted as it pertains to their privacy and the potential disclosure of their information.
• Legal professionals and courts will be directly engaged due to the raised standards and specific requirements for granting delayed notification orders.
• The Department of Justice will have additional responsibilities for annual reporting and oversight of delayed notification orders.

Reasoning

• The target population is broad, including almost all users of electronic communication services and remote computing services, which could theoretically include 240 million Americans.
• Because the changes primarily affect privacy, awareness and perception about how data is handled by the government could influence self-reported wellbeing.
• The policy might especially impact people who frequently transmit sensitive data and those particularly concerned about privacy and governmental surveillance.
• Impacts on self-reported wellbeing will be diverse, as not all affected will experience direct consequences, and the perception of personal privacy varies widely.
• The cost and scope of the policy may limit its direct influence on individual wellbeing, as the budget covers procedural changes rather than direct services to individuals.

Simulated Interviews

Cost Estimates

Key Considerations

• The adjustment period for legal and tech industry professionals adapting to new standards and procedures.
• Potential public and industry response to increased privacy and oversight measures.
• Assessment of the DOJ's readiness and capacity to produce high-quality and timely reports.