Case 1:14-cv-09763-VM Document 44 Filed 08/28/15 Page 11 of 35 party. See Gallo v. Prudential Residential Serva., 22 F.3d 1219, 1223 (2d Cir. 1994). B. NON-DISCLOSURE ORDERS UNDER sicTIONS 2709 AND 3511 On June 2, 2015, Congress enacted the USA FREEDOM Act, which, among other statutory changes, revises Sections 2709 and 3511. The Government has indicated its belief that these changes to Sections 2709 and 3511 "ratify and codify the Second Circuit's decision in Mem. at 2.) [Mukasey]." (Gov• t The Government notes that the House Committee Report explicitly indicated that the revisions 3511 Reply ~correct[ to Section ) the constitutional defects in the issuance of NSL nondisclosure orders found [in Mukasey] and adopts the concepts suggested by that court for a constitutionally sound process." (Gov't Reply Mem. at 2 n.2 {quoting H. Rep. No. 114-109, at 24 (2015)) .) In Mukasey, Second Circuit disclosure because of disagreement on the panel, left orders open were less-exacting scrutiny. 5 either of level the question subject ~ scrutiny, to 549 whether strict F.3d however, at the NSL scrutiny 877-78. Second the nonor a Under Circuit • The second Circuit did note that, for purposes of the specific litigation before it in Mukasey, the Oovei:nment •conceded that strict scrutiny is the applicable standard.• 549 .F.Jd at 878. Here, too, the Government has conceded that the "high, indleed strict, scrutiny applied by [Mukaaeyl controls this case.• IGov•t He•. at 11.) - 11 -