Rather than ordering Facebook and other online service providers not to notify their subscribers that they were subpoenaed, a Brooklyn federal magistrate judge told prosecutors they must better explain the need for confidentiality.
Eastern District Magistrate Judge James Orenstein said under the Stored Communications Act, prosecutors could not secure an order “that constrains the freedom of service providers to disclose information to their customers without making a particularized showing of need. The boilerplate assertions set forth in the government’s application do not make such a showing.”
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