That is hard enough. What he has trouble understanding is why all this is
kept from public view. … But most court orders allowing surveillance are so
secret, he wrote in a provocative new article,
that they might as well be “written in invisible ink.” The article chronicles
the rise of a secret docket on a scale that has no parallels in American
history." Read more
See also
Smith, Stephen W., "Gagged, Sealed & Delivered: Reforming ECPA's Secret Docket." (May 21, 2012). Harvard Law & Policy Review Vol. 6,
2012 Forthcoming.