On appeal from the district court’s 2007 ruling in Doe v. Ashcroft (later Doe v. Holder) that the NSL statute is unconstitutional, the Second Circuit upholds the district court decision in part and reverses in part. Although the court finds that the gag and judicial review provisions are unconstitutional under certain circumstances, it does not uphold the district court’s invalidation of the entire statute. The appeals court finds that the statute could potentially be applied in a constitutional way if the government voluntarily follows a “reciprocal notice” procedure in which the recipient of an NSL firsts notify the government it wishes to challenge a gag order, and the government then initiates judicial review. The court remands for consideration of how to proceed in reviewing the NSL at issue in this case.