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IN RE U.S. FOR AN ORDER PURSUANT TO 18 U.S.C.

No. 11-5151.

707 F.3d 283 (2013)

In re Application of the UNITED STATES of America FOR AN ORDER PURSUANT TO 18 U.S.C. SECTION 2703(D). United States of America, Plaintiff-Appellee, v. Jacob Appelbaum; Rop Gonggrijp; Birgitta Jonsdottir, Defendants-Appellants, and Twitter, Incorporated, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: January 25, 2013.

Attorney(s) appearing for the Case

ARGUED: Aden J. Fine , American Civil Liberties Union, New York, New York, for Appellants. Andrew Peterson , Office of the United States Attorney, Alexandria, Virginia, for Appellee. ON BRIEF: Cindy A. Cohn , Lee Tien , Marcia Hofman , Electronic Frontier Foundation, San Francisco, California, Rebecca K. Glenberg , American Civil Liberties Union of Virginia Foundation, Inc., Richmond, Virginia, for Appellant Birgitta Jonsdottir; Rachael E. Meny , John W. Keker , Steven P. Ragland , Keker & Van Nest LLP, San Francisco, California, John K. Zwerling , Stuart Sears , Zwerling, Leibig & Moseley, PC, Alexandria, Virginia, for Appellant Jacob Appelbaum; John D. Cline , Law Office of John D. Cline, San Francisco, California, K.C. Maxwell , Law Office of K.C. Maxwell, San Francisco, California, Nina J. Ginsberg , Dimuroginsberg, PC, Alexandria, Virginia, for Appellant Rop Gonggrijp. Neil H. MacBride , United States Attorney, Lindsay Kelly , Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Appellee.

Petition denied by published opinion. Judge GREGORY wrote the opinion, in which Judge DUNCAN joined. Judge WILSON wrote a separate concurring opinion.

OPINION

GREGORY, Circuit Judge:

We are called upon to determine the public's right to access orders issued under 18 U.S.C. § 2703(d) and related documents at the pre-grand jury phase of an ongoing criminal investigation. Because we find that there is no First Amendment right to access such documents, and the common law right to access such documents is presently outweighed by countervailing interests, we deny the request for relief.

I.

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