Case 1:14-cv-09763-VM Document 44 Filed 08/28/15 Page 3 of 35 electronic file storage, and email accounts. In an FBI agent served Merrill with an NSL 2004, which NSL"), was "Attachment") from Calyx. accompanied by an (the "2004 attachment (the listing the types of records Under the USA PATRIOT Act, February the Pub. FBI sought No. L. 107-56 §SOS(al, 115 Stat. 272, 365 (2001),> in effect then (and now under the USA FREEDOM Act of 2015, Stat. the 268). administrative and toll communication electronic requesting records L. No. 114-23, 129 a NSLS, type "subscriber information, transactional service Initially, (l) subpoena billing issue can FBI Pub. records" provider. of information or electronic from a u.s.c. s wire or 2709 (a). the 2004 NSL prohibited Merrill from disclosing: that he was the recipient of an NSL, {2) the identity of the target of the underlying investigation, and (3) the contents of both the 2004 NSL and the Attachment. The Court AshcrofJ::, Doe l, ex01mined the 2004 334 F. Supp. 2d 471 (S.D.N.Y. the Section 2709 1 first Court found an earlier ("Section 2709"), NSL 2004) version in Doe v. ("Doe I"). In of 18 u. s. c. which provides the statutory 'rhe relevant statutory provieionti regarding NSLa were amended by The USA Patriot Improvement and Reauthorization Act ot 2005, SS 115, ll.6(al, Pub. L. No. 10~-177, 120 Stat. 192, 211-14 (Mar. 9, 2006) ("the Reauthorization .i>.ct•), and the USJ\ racrioi; Act Addit;ional Reauthorizing .i>.mendment.s Act ot 2006, 5 4 (bl, Pub. L. No. 109-178, 120 Stat. 278, 280 (Mar. 9, 2006) ("Additional Reauthorization Act•). - 3 -