PODC Opposes H.R. 6048, the NDO Fairness Act, in its Current Form

WASHINGTON - Rezul -- The Police Officers' Defense Coalition (PODC) today announced its opposition to H.R. 6048, the NDO Fairness Act, in its current form, citing serious concerns that the legislation could unnecessarily restrict law enforcement's ability to conduct sensitive investigations and protect victims, witnesses, officers, and the integrity of ongoing criminal cases.

PODC recognizes the importance of protecting Americans' privacy and ensuring appropriate judicial oversight when the government seeks access to electronic information. Those protections, however, must be balanced against the operational realities facing law enforcement officers and prosecutors investigating dangerous criminals.

Nondisclosure orders (NDOs) can prevent electronic communications providers from notifying a customer that law enforcement has obtained legal process seeking the customer's information. These orders can be critical when notification could lead to destruction of evidence, intimidation of witnesses, flight from prosecution, or compromise of an ongoing investigation.

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"Police officers and federal agents increasingly investigate crimes in which electronic evidence is critical," said Bert Eyler, President of the Police Officers' Defense Coalition. "Prematurely alerting a suspect that law enforcement is examining electronic records can jeopardize an entire investigation—particularly in cases involving violent criminals, drug-trafficking organizations, gangs, human traffickers, terrorists, and organized criminal enterprises."

PODC is particularly concerned about the bill's general 90-day framework for NDOs, the additional procedural requirements imposed on investigators and prosecutors, and post-expiration notification provisions that could affect complex or related investigations.

PODC urges Congress to amend H.R. 6048 to:
Provide longer initial NDO periods for complex criminal investigations rather than relying on a 90-day standard for most cases.

• Expand enhanced protections to terrorism, human trafficking, fentanyl and narcotics trafficking, gangs, organized crime, violent criminal enterprises, kidnappings, and threats against law enforcement.
• Create a streamlined extension process when the underlying investigative threat remains unchanged.
• Strengthen exceptions to notification whenever disclosure could compromise an active or related investigation.
• Explicitly protect confidential informants, cooperating witnesses, undercover officers, victims, sensitive investigative techniques, and additional investigative targets.

"Congress can protect Americans' constitutional rights without creating unnecessary obstacles for the men and women responsible for investigating dangerous criminals," Eyler said. "PODC supports reasonable judicial oversight and accountability, but we cannot support H.R. 6048 as currently written. We urge Congress to work with the law enforcement community to correct these provisions before moving the legislation forward."

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The Police Officers' Defense Coalition calls on Members of Congress to oppose H.R. 6048 in its current form and work toward amendments that protect both Americans' privacy rights and law enforcement's ability to conduct effective, confidential criminal investigations.

For more information, visit policeofficersdefensecoalition.com