Case 1:14-cv-09763-VM Document 44 Filed 08/28/15 Page 31 of 35 to keep information significant reasons differently from confidential. for As treating classified such, the there material informa,tion that at is are hand normally accessil:lle only to individuals with security clearance. A private citizen should l:le able to disclose information that has already agency -- J:ieen at publicly disclosed ~ by government least once the underiying investigation has concluded and there is no reason for the identities of the recipient and target to remain secret. Otherwise, it would lead to the result that citizens who have not received such an NSL request can speak about infotmation that is publicly known (and acknowledged l:ly other agencies) , individuals who have received such NSL but requests the very and are thus best suited to inform public discussion on the topic could not. Such a result would lead to "unending secrecy of actions taken by government officials" actually affected by publicly if private citizens known law enforcement techniques could not discuss them. ~ Doe v, Gonzales, 449 F.3d 415, 422 (2d Cir. 2006) (Cardamone, J., concurring). If the Court were to find instead that the Government has met its disclosure showing? burden here, Under of could showing Merrill a good ~Y.~.:i:: reason overcome the Government' e reasoning, - 31 - for non- such a the Court sees

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