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While I agree with the spirit or what you say, that could backfire very poorly. Suppose that the NSL were sent as part of an investigation on someone planning s
by aisofteng 10y ago
While I agree with the spirit or what you say, that could backfire very poorly. Suppose that the NSL were sent as part of an investigation on someone planning some sort of attack, such as a mass shooting, and disclosing the NSL ends up exposing that and causing it to fail. The blowback would end up providing stronger support for secrecy.
Unlikely, but possible - and when you're the one making the decision to disobey, you have to consider it. I don't know what I would do in that situation, honestly.
I think the correct approach is not a gag order that makes it illegal to disclose an NSL, but that an NSL should be accompanied with an explanation of what it is for and what the stakes are. A presumption of good faith in the organization to act in best interests, but leaving the ability to disclose to disclose to the public if it is felt that the NSL is in the wrong.