The FBI use NSLs fairly freely and nobody really seems to object. The first amendment doesn&#x27;t really seem to help us here.<p>I think the only reason this wasn&#x27;t done under a gag order is the FBI wants to use public response to win this case since it&#x27;s about a terrorist attack (IIRC, they tried the exact same request about a Meth dealer and it was refused) so they can set a precedent. You can&#x27;t set a precedent for open court and rally the public behind you if it&#x27;s all secret.