August 23, 2023
Pursuant to 50 U.S.C. § 1872, the Office of the Director of National Intelligence, in consultation with the Department of Justice, is today making publicly available to the greatest extent practicable a 2022 Foreign Intelligence Surveillance Court (FISC) Opinion and Order and related 2023 Opinion of the Foreign Intelligence Surveillance Court of Review (FISC-R) regarding whether a provider of certain services is an “electronic communication service provider” (ECSP) as defined in the Foreign Intelligence Surveillance Act (FISA) such that the provider must comply with a written directive issued by the Government requiring its assistance under the relevant statutory provision.
In its 2022 Opinion and Order, the FISC determined that as to these services, the provider in question did not satisfy the definition of an ECSP for purposes of the relevant statutory provision. The Government appealed and in 2023, the FISC-R issued an Opinion affirming the Order of the FISC. Both opinions, in redacted form, are available in full-text searchable format on intel.gov.