Case 1:14-cv-09763-VM Document 44 Filed 08/28/15 Page 15 of 35 government-initiated review of a non-disclosure requirement after notice by the recipient of non-disclosure requirement. 18 intent to challenge u.s.c. § the 35ll(b) (l) (A). And no longer does Section 3511 state that courts are to give a conclusive presumption, absent bad faith, to the official's certification. Now, under Section 3511: Standard. -- A district court of the United States shall issue a nondisclosure order if the court determines that there is re~son to believe that disclosure of the information subject to the nondisclosure requirement during the applicable time period may result in (A) (B) (C) (D) 18 u.s.c. a danger to the national security of the United States; interference with a criminal, counterterrorism, or counterintelligence investigation; interference with diplomatic relations; or danger to the life or physical safety of any person. § 351l(b) (3). The Court agrees with the Government that, at least as concerns the relevant statutory provisions for the case at hand, the amended Sections 2709 and 3511 codify the Mukasey standard requirement for judicial i.e., review of a non-disclosure that the Government has the burden to show that a good reason exists to expect that disclosure of receipt of an NSL will risk an enumerated harm.' Therefore, ' The Government argues that • [u) ltimatel.y. the question under [the amended Sec:tionl 270~ (C:) and [Muka&eyl is, whether the government ha& - 15 -