Is it really a gag order if it is a “preservation letter” from the US Marshalls? No court gave any order here, as far as I can read the article.
What would have happened had they not complied?
What would have happened had they not complied?
In this case, they just sent that "preservation letter" and in the letter said not to alert the user: Techdirt (somewhat reasonably) is portraying that as "effectively" a gag order. They didn't go on even to issue a subpoena here, and so they also didn't go get an actual gag order, but it's something they've been known to do.
> where an administrative subpoena authorized by a Federal or State statute or a Federal or State grand jury subpoena is obtained, delay the notification required under section 2703(b) of this title for a period not to exceed ninety days upon the execution of a written certification of a supervisory official that there is reason to believe that notification of the existence of the subpoena may have an adverse result described in paragraph (2) of this subsection.
This would seem to sync up with what the story said:
> With help from Ken, we soon received a "preservation letter" demanding that we preserve for a period of 90 days "any and all records and other evidence, [...] In addition, the letter effectively gagged us, saying that we were not to disclose the existence of the letter "in any manner that could alert the user" of the account.