Worth pointing out:

"The changing tech company policies do not affect data requests approved by the Foreign Intelligence Surveillance Court, which are automatically kept secret by law. National security letters, which are administrative subpoenas issued by the FBI for national security investigations, also carry binding gag orders."

But also:

"The shifting industry practices force investigators to make difficult choices: withdraw data requests, allow notification to happen or go to magistrate judges to seek either gag orders or search warrants, which typically are issued under seal for a fixed period of time, delaying notification."

I hope that the public don't misunderstand these two things.