The NDO Fairness Act Is an Important Step Towards Transparency
The First Amendment guarantees the right to speak your own involvement about court proceedings. And the legislation puts in place important measures to ensure greater transparency around the government’s use of these secretive orders, both for targeted individuals and the larger public, including by requiring the government to notify targets of surveillance that their communications were intercepted and to publish an annual report that provides information about the use of surveillance under Section 2703. These reforms are a welcome step forward in reforming the secrecy surrounding electronic surveillance and bringing the Stored Communications Act closer in line with constitutional guarantees.
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