I remain unclear on the consequences. I don't think they're tested. 18 USC 2709(c) is what the government cites when they invoke nondisclosure. You win a prize if you find the consequences for violating that statute. Also, NSLs can be upgraded to court orders if the recipient is noncompliant. 18 USC 3511 discusses that:
> the Attorney General may invoke the aid of any district court of the United States within the jurisdiction in which the investigation is carried on or the person or entity resides, carries on business, or may be found, to compel compliance with the request. The court may issue an order requiring the person or entity to comply with the request. Any failure to obey the order of the court may be punished by the court as contempt thereof.
So they can upgrade to a court order and then hold you in contempt if you do not fulfill the terms of the court order. I am not clear if that includes the nondisclosure term. This is the closest I've ever come to identifying "what would legally happen if someone published an NSL?" Honestly, and I'm not extremely comfortable saying this and please do not get ideas, after a lot of research I don't think there is a federal punishment defined in legislation for doing it.
Usually laws have a punishment immediately after them. As in, section A is what's illegal, section B is how to punish violations of section A. 18 USC 2709 and 18 USC 3511 don't have that, so I honestly have no idea what would happen, and I half wonder if the federal government doesn't either.
It's entirely possible a highly-paid legal counsel like Apple or Google has finds out the emperor is wearing no clothes and NSL's are unenforceable.
The question is: who is willing to find out? There's all kinds of nasty stuff the gov can do to you personally for trying to fight an NSL - loss of gov contracts, detention at custom and border control, no-fly list, etc.
> the Attorney General may invoke the aid of any district court of the United States within the jurisdiction in which the investigation is carried on or the person or entity resides, carries on business, or may be found, to compel compliance with the request. The court may issue an order requiring the person or entity to comply with the request. Any failure to obey the order of the court may be punished by the court as contempt thereof.
So they can upgrade to a court order and then hold you in contempt if you do not fulfill the terms of the court order. I am not clear if that includes the nondisclosure term. This is the closest I've ever come to identifying "what would legally happen if someone published an NSL?" Honestly, and I'm not extremely comfortable saying this and please do not get ideas, after a lot of research I don't think there is a federal punishment defined in legislation for doing it.
Usually laws have a punishment immediately after them. As in, section A is what's illegal, section B is how to punish violations of section A. 18 USC 2709 and 18 USC 3511 don't have that, so I honestly have no idea what would happen, and I half wonder if the federal government doesn't either.
(IANAL, etc)
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