Case 1:14-cv-09763-VM Document 44 Filed 08/28/15 Page 4 of 35 FBI the for authorization unconstitutional on its face, Further, section requirement 2'709 nondisclosure to NSLs, issue to be the Court found the unconstitutional under the First Amendment as an unjustified prior restraint and content-based appealed to the second Circuit, amended restr.iction United on States Court The of Government Appeals for and while the appeal was pending, Section 2709 to include prohibit disclosure of an NSL, disclosure may result danger the national to speech. interference with a requirement the must FBI of criminal, a investigation, diplomatic relations, or safety of any person." 18 that, i.e., United interference to u.s.c. the life "a or with or physical 2709(c) (1). § to States, counterterrcrism, counterintelligence danger the Congress certify that in an enumerated harm security the congress also enacted a section providing for judicial review of an NSL request or related non disclosure requirement. O.S.C. See 18 3511 ("Section 3511"). The second Circuit remanded to this Court for further consideration in light of these § amendments, See Doe v. Gonzales, 449 F.Jd 415 (2d Cir. 2006). On remand, (S.D.N.Y. 2007) in Doe v. ("P~.--I.!"), Gonzales, 500 F. supp. 2d 379 the Court again found Sections - 4 -