IN RE DIRECTIVES PURSUANT TO SEC. 105B

No. 08-01.

551 F.3d 1004 (2008)

In re DIRECTIVES [redacted text] PURSUANT TO SECTION 105B OF the FOREIGN INTELLIGENCE SURVEILLANCE ACT. [redacted text], Petitioner, Appellant.

United States Foreign Intelligence Surveillance Court of Review.

August 22, 2008.


Attorney(s) appearing for the Case

[redacted text].

Gregory G. Garre, Acting Solicitor General, with whom Michael B. Mukasey, Attorney General, Mark Filip, Deputy Attorney General, J. Patrick Rowan, Acting Assistant Attorney General, John A. Eisenberg, Office of the Deputy Attorney General, John R. Phillips, Office of Legal Counsel, Sharon Swingle, Civil Division, and Matthew G. Olsen, John C. Demers, Jamil N. Jaffer, Andrew H. Tannenbaum, and Matthew A. Anzaldi, National Security Division, United States Department of Justice, were on brief, for respondent.

Before SELYA, Chief Judge, WINTER and ARNOLD, Senior Circuit Judges.


SELYA, Chief Judge.

This petition for review stems from directives issued to the petitioner [redacted text] pursuant to a now-expired set of amendments to the Foreign Intelligence Surveillance Act of 1978 (FISA), 50 U.S.C. §§ 1801-1871 (2007). Among other things, those amendments, known as the Protect America Act of 2007(PAA), Pub.L. No. 110-55, 121 Stat. 552, authorized the United States to direct communications service providers to assist it in acquiring...

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