Opinion and Order, In re Petition to Set Aside or Modify Directive Issued to [REDACTED], No. [REDACTED], GID.C.00299 (FISA Ct. [REDACTED 2022])

FISC grants petition seeking relief from a directive issued by the AG/DNI pursuant 2021 Certifications (Certifications approved in FISC MemOp / Order entered Apr. 21, 2022). Directive required the ECSP [Name REDACTED] to “immediately provide the Government with all information, facilities, or assistance necessary” to acquire foreign intelligence information under the Certifications. Court could only grant petition if Directive did not meet Section 702 requirements or was otherwise unlawful. §702(i)(4)(C). Although the Petition presented a novel or significant interpretation of the law, it found it inappropriate to appoint amici on two grounds: (a) proceeding was adversarial/petitioner represented by fully capable attorneys, one of whom appears to have already been designated as an amicus; (b) only 30 days for Court to rule on a Petition under §702(i)(4)(E). The government had withheld portions of the Court’s Apr. 2022 Order from the petitioner. After the Court ordered the government to further consider petitioner’s request, it provided additional portions of the order to the petitioner. Court considers whether an ECSP may be compelled under at Section 702 directive to provide assistance of a type unrelated to its operation as an ECSP. (p. 7) Court determines petitioner provides a product or service outside definition of ECS and therefore is not an ECSP within the meaning of the statute under §701(b)(4)(B); also doesn’t qualify under §701(b)(4)(D). [See generally 50 USC §1881(b)(4)(A)-(E) (laying out several categories of providers)]