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Yes. I read something about a library that had a sign up, "No government agents have been here." They would take down the sign during an investigation. Any one who knew the sign -was- there knew an investigation was underway. No gag order was broken. There is a name for this type of flag, but don't know it off hand.

Warrant Canary

http://en.wikipedia.org/wiki/Warrant_canary

Presumably the person dumping names and emails (PII/PID) on pastebin has little regard for gag orders. (And no motivation not to reveal such an order, if proof were readily available.)

Because it's not a secret. That is (a heavily dramatized version of) the standard regulations that apply to every licensed money transmitting service.