WASHINGTON – May 16, 2023 – BSA | The Software Alliance applauds the House passage of the NDO Fairness Act. The legislation would reform the process of obtaining non-disclosure orders (NDOs) issued under the Electronic Communications Privacy Act (ECPA), including creating a higher threshold for courts issuing NDOs. Kate Goodloe, Managing Director, Policy at BSA | The Software Alliance, issued the following statement.

“Trust is essential to the cloud services industry. The NDO Fairness Act would create important new guardrails on non-disclosure orders, and those guardrails can help enable trust in cloud services and respect the privacy and due process of consumers. We are encouraged by the House passage of this important bill on a bipartisan basis.

This bill imposes a higher threshold for issuing non-disclosure orders and creates important limitations that ensure those orders don’t last forever.

We appreciate the leadership of Rep. Scott Fitzgerald (R-WI) and Ranking Member Jerry Nadler (D-NY) on their work to advance this important bill.”