[MacsHeadroom]

NSL are used to compel a party to DO something to assist with, so called, matters of national security, under threat of physical force. If the letter isn't received and a person can't be physically detained then it can't compel anything, other than hiding from its possible existence

To make things more difficult, the very contents of the letter itself are considered a national secret. Typical methods for serving papers would needlessly jeopardize the confidentiality of such papers. So one would presume that these methods simply aren't in the cards.

[bravo22]

My understanding is that the NSL is a subpoena, and therefore a request for production of documents. It does come with a gag clause however.

Government can only compel you to hand over information for third party which you possess. They can't compel you to DO something, as demonstrated by FBI v Apple recently.

[pfg]

> They can't compel you to DO something, as demonstrated by FBI v Apple recently.

In case anyone who's not familiar with the Apple case is reading this: The government didn't actually wait for the court to rule that they can't (which might or might not be the case, though my understand is that they would've probably ruled in favour of Apple), but rather withdrew the case after a third party unlocked the phone for them.

[MacsHeadroom]

Just the same, they can compel someone to give over information that enables the FBI to do something on their behalf- private encryption keys or signing certificates, for example.

[rdtsc]

Isn't there a process to serve legal documents already? If that is what they are going to do, just server her the letter.

[MacsHeadroom]

The process for serving legal documents which are also considered national secrets is to physically detain someone and have them read (or read to) the document. No copy of the document is made or delivered in a way which allows the individual to retain a copy of the document. That is the process, so far an NSL is involved.

[rdtsc]

Ok, I see, in that case it makes sense.