[Congressional Record Volume 168, Number 106 (Wednesday, June 22, 2022)]
[Extensions of Remarks]
[Page E655]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                            NDO FAIRNESS ACT

                                 ______
                                 

                               speech of

                        HON. SHEILA JACKSON LEE

                                of texas

                    in the house of representatives

                         Tuesday, June 21, 2022

  Ms. JACKSON LEE. Madam Speaker, I rise in defense of Americans' right 
to due process in support of the NDO Fairness Act.
  This bill amends 18 U.S.C. 2705 to increase the federal regulation of 
law enforcement's use of non-disclosure orders or ``gag orders''.
  H.R. 7072 requires federal prosecutors to have obtained a written 
determination from a court proving that their use of a non-disclosure 
order is necessary.
  This bill also would establish a 30-day limit for gag orders, which 
can be extended for 30 days if deemed necessary.
  After the gag-order expires, law enforcement must ensure that the 
person subject to the gag-order has been notified within 72 hours.
  This bill also creates the historic and necessary right for cellular 
service providers to contest prosecutors' gag orders in court.
  Under the status quo, the process for prosecutors to request and be 
granted access to an individual's personal electronic communication is 
streamlined, unregulated, and relatively unrestrained.
  Prosecutors then petition for a non-disclosure order, stripping the 
subject's right to know their personal information is being searched.
  The NDO also prohibits the subject's ability to block the search of 
their personal data.
  If this intrusion were done in-person--meaning that the government 
shows up to a person's home, accesses their desktop, secures their 
personal data, and then refuses to tell that citizen--Americans would 
be outraged.
  The searching of online data is just as egregious a violation of 
personal privacy.
  Establishing transparency within our democracy, especially within our 
criminal justice system, is necessary to ensure the legitimacy of 
government and the preservation of our Union.
  Just because the ecosystem for data has changed from analog to 
digital does not give the government the right to full access of 
whatever information they see as necessary for prosecution.
  This legislation tips the scales of justice back toward the American 
citizen, protecting them from unwarranted, unconstitutional searches of 
their property.

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