Op-Ed: Why small businesses need protection from secret government abuse
By Timothy Easley, CPA
Small businesses survive on trust.
Business owners trust that their financial records will remain private. They trust that if the government wants access to their information, there will be a fair legal process. They trust they will have the opportunity to consult counsel and defend themselves if necessary.
That basic expectation is being undermined by the growing use of non-disclosure orders, or NDOs.
An NDO is a gag order attached to a government subpoena. It prevents banks, phone companies, email providers, and other businesses from notifying customers that their records have been turned over to the federal government. In many cases, Americans only learn years later that investigators accessed private records without their knowledge.
Congress should pass the NDO Fairness Act to restore accountability and basic due process protections.
The issue gained attention after revelations surrounding the Arctic Frost investigation. Public reporting and congressional oversight materials showed investigators used sweeping subpoenas paired with secrecy orders to quietly obtain records tied to Republican staffers, advisers, and political figures. The people involved often had no idea their records had been accessed until years later.
Americans can disagree about politics. They should still agree that secret government powers require limits.
As a CPA who works with small businesses, I know how much sensitive information entrepreneurs are forced to share with third parties. Payroll records, tax documents, financial statements, business plans, banking records, and internal communications all sit on digital platforms controlled by outside companies.
That reality creates enormous potential for abuse if the government can secretly collect records with little oversight.
The NDO Fairness Act is a reasonable reform. It does not stop legitimate investigations. Prosecutors would still be able to seek records through lawful subpoenas. Courts would still have the ability to approve delayed notification in situations involving national security or public safety concerns.
The bill simply requires stronger judicial review before secrecy orders are granted or extended. It also helps ensure Americans are eventually informed when the government accesses their records.
That is common sense.
Small business owners already operate under significant regulatory pressure. They face audits, reporting requirements, compliance costs, and rising legal risks. The last thing they need is a system where the federal government can quietly obtain years of private business information while preventing anyone from notifying them.
The rule of law depends on transparency and accountability. Americans should not lose basic rights simply because their records are stored digitally instead of in filing cabinets.
This issue should not divide Republicans and Democrats. Every American has an interest in preventing unchecked government power. Every American should want courts actively reviewing secrecy orders instead of rubber stamping them.
Trust in institutions has eroded badly in recent years. Restoring that trust requires reforms that show the rules apply fairly and consistently.
The NDO Fairness Act is an important step in that direction.
Congress should pass it.
By Tim Easley, a CPA & certified financial auditor who serves small businesses and has worked as a financial expert and analyst for more than a decade.