But this time, the company that received the request pushed back. It told the agency that it wanted to tell its customer that he or she was being targeted, which would give the customer a chance to fight the request in court, as a group of Twitter users did last year when the Justice Department sought their records under a different kind of request. The minor defiance in this latest case was enough to land the NSL request in a federal court docket last Friday, where the government filed a request for a court order to force the company to adhere to the gag order.
In its petition, the government asserted that disclosure of the fact or contents of its NSL “may endanger the national security of the United States” and urged the court to issue an order binding the company to the nondisclosure provision, or be in violation of federal law and face contempt charges.”
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