Case 1:14-cv-09763-VM Document 44 Filed 08/28/15 Page 18 of 35
with
some
basis
disclosure
and
to assure
risk
itself
of
harm
that
is
the
link
between
substantial.
The
Government's justifications might constitute "good" reasons
if
the
information
contained
in
the
Attachment
that
is
still redacted were not, at least in substance even if not
in
the
precise
form,
already
disclosed
by
government
divisions and agencies, and thus known to the public. Here,
publicly-available
government
documents
provide
substantially similar information as that set forth in the
Attactunent.
that
it
For
matters
that
reason,
that
the
these
Court
other
is
not
documents
persuaded
were
not
disclosed by the FBI itself rather than by other government
agencies, and that they would hold iignificant weight for a
potential
target
of
a
national
security
investigation
in
ascertaining whether the FBI would gather such information
through an NSL. The documents referred to were prepared and
published
FBI' s
by
various
government
authority to issue NSLs,
divisions
discussing
the
the types of materials the
FBI seeks, and how to draft NSL requests.
Indeed, one of these documents is a publicly-available
Department of Justice Office of Legal Education manual that
provides a sample attactunent that encapsulates much of the
redacted-information in the Attachment here in dispute. The
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