In re the Search Warrant for [redacted].com

*973 ORDER GRANTING IN PART ADOBE SYSTEMS INCORPORATED’S EX PARTE APPLICATION TO AMEND INDEFINITE NONDISCLOSURE ORDER ACCOMPANYING SEARCH WARRANT

I. PROCEEDINGS AND BACKGROUND

On November 22, 2016, this Court issued under seal a search warrant (the ‘Warrant”) pursuant to 18 U.S.C. § 2703 (“Section 2703”) and Federal Rule of Criminal Procedure 41(c). The Warrant was directed to Adobe Systems Incorporated (“Adobe”) and included a notice preclusion order (the “NPO”). The NPO precludes Adobe from notifying anyone, including the investigation’s target (the “Subscriber”), of the Warrant’s existence. The Warrant does not specify a duration for the .NPO. Upon receipt of the Warrant, Adobe requested via correspondence that the agency in question seek an amendment of the Warrant to limit the NPO’s duration. Counsel for the United States (the “government”) declined to do so.

On December 6, 2016, Adobe filed an ex parte application (the “Application” or “Appl.”) to amend the NPO to include a date certain for its expiration. Adobe provides evidence that it has a policy of notifying its subscribers whenever someone asks for their information, unless Adobe is legally prohibited from doing so.…