Case 1:14-cv-09763-VM Document 44 Filed 08/28/15 Page 9 of 35 activities; once and NSL an (3) that, recipient under has sections been 2709 permitted and to 3511, identify himself, to identify the target of the NSL, and to disclose the outcome of the NSL, then the FBI cannot continue a nondisclosure Merrill order argues contribute regards that to "electronic as he public other seeks as to transaction NSL. of the in order to the types of that the disclosure discussion communications aspects records" FBI has sought and continues to seek through NSLs. For the reasons discussed below, the Government has not the court finds that satisfied its burden of demonstrating a •good reason" to expect that disclosure of the NSL Attachment in its entirety will risk an enumerated harm, pursuant to Sections 2709 and 3511. Therefore, Merrill's motion for summary judgment is GRANTED, and the Government's cross-motion to dismiss the complaint or, in the alternative, for summary judgment is DENIED. II. OISCUSSigN A. STANDARD OF REVIEW Merrill Rule 56. has moved and the for summary Government has judgment, cross-moved pursuant to dismiss, pursuant to Federal Rule of Civil Procedure l2(b)(6) l2(b)(6)"), or in the alternative - 9 - for to summary ("Rule judgment,