Case 1:14-cv-09763-VM Document 44 Filed 08/28/15 Page 28 of 35 and material that the FBI has publicly acknowledged it has previously requested by means of NSLa. ~ 703 F. Supp. 2d at 316. Since then, the Government's investigation has been closed, and the parties have reached agreement that Merrill can identify himself as the 2004 NSL recipient and disclose the identity of the target. Now, unlike earlier iterations of this keeping litigation, the protecting relevant the Attachment law to asserted Government confidential enforcement future or is found reason." such a found that ~the on information potential national to ate n. 6.) Government in Doe IV, However, has that is security constitute did not make such a broad statement there. Court solely sensitive justification (Gov't Reply Mem. in based investigations. The Government argues that, Court interest a the •good the Court In Doe IV, demonstrated the a reasonable likelihood that disclosure of the Attachment in its entirety could inform enforcement investigations, current targets of law including the particular target of the Government's ongoing inquiry in this action, as well as, potentially, future targets.• 703 F. Supp. 2d at 317. The Government claims that the term "future targets• were •obviously, not the subjects of - 28 - 1m 'ongoing' underlying

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