Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in strong support of this legislation, H.R. 3089, the NDO Fairness Act. This bill makes much-needed changes to the way law enforcement obtains and utilizes nondisclosure orders, also known as secrecy orders. Before modern advancements in cloud computing, when a law enforcement officer wanted to search someone's office, they would be required to obtain a search warrant based on probable cause, as we are all well aware of. When the officer executed the search, they would notify the individual, who would then have an opportunity to challenge the search in court. However, the era of cloud computing has ushered in a new method of storing sensitive information, whereby, as we know, individuals are replacing file cabinets with digital file folders. Unbeknownst to them, by surrendering this physical office in favor of a digital office, individuals are also surrendering their expectation of privacy. That is because a provision within the Electronic Communications Privacy Act allows law enforcement to access an individual's data by subpoenaing the third-party service provider, such as Microsoft, Google, or Apple, rather than the individual. The law enforcement officer then imposes a secrecy order on the company, preventing them from notifying the individual of the search. The secrecy order is often boilerplate in nature and without a time limit, leading to abuse and overuse.…
Share & report
More from Scott Fitzgerald
Mr. Chairman, this amendment would prohibit funds being made available to the FTC from being used to issue any rule defining or describing unfair methods of competition for purposes of the Federal Trade Commission Act. The FTC has issued…
Madam Speaker, I yield myself such time as I may consume. Once again, I remind everyone that SOPRA is not deregulatory. That has not been the goal at all. The goal is to forward this discussion between what should be legislative powers and…
Mr. Chair, I have an amendment at the desk. The Acting CHAIR. The Clerk will designate the amendment. The text of the amendment is as follows: At the end of the bill (before the short title), insert the following: Sec. 902. None of the…
Mr. Chairman, I once again say that State regulators have done a wonderful job in this area for many years, and I think they should continue to be the focus of any of this data collection. Mr. Chairman, I yield back the balance of my time…





