Can a provider challenge an NSL?
Yes. All recipients have the right to challenge, in U.S. District Court, a NSL for which the recipient believes compliance would be either “unreasonable, oppressive, or otherwise.” The recipient may also challenge, in U.S. District Court, any applicable nondisclosure provisions. In other words, unless the Court finds certification in bad faith, the law leaves these determinations regarding U.S. national security and diplomatic relations to the Executive Branch.
