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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