Page:In re Directives.pdf/5

 implemented, the certifications permit surveillances conducted to obtain foreign intelligence for national security purposes when those surveillances are directed against foreign powers or agents of foreign powers reasonably believed to be located outside the United States.

The government’s efforts did not impress the petitioner, which refused to comply with the directives. On [redacted text], the government moved to compel compliance. Following amplitudinous briefing, the FISC handed down a meticulous opinion validating the directives and granting the motion to compel.

The FISC’s decision was docketed on [redacted text]. Six business days later, the petitioner filed a petition for review. The next day, it moved for a stay pending appeal. The FISC refused to grant the stay. On [redacted text], the petitioner began compliance under threat of civil contempt. [redacted text]

On [redacted text], the petitioner moved in this court for a stay pending appeal. We reserved decision on the motion and compliance continued. We then heard oral argument on the merits and took the case under advisement. We have jurisdiction to review the FISC’s decision pursuant to 50 U.S.C. § 1805b(i) inasmuch as that decision is the functional equivalent of a ruling on a petition brought pursuant 50 U.S.C. § 1805b(h). See In re Sealed Case, 310 F.3d 717, 721 (Foreign Int.Surv.Ct.Rev.2002).

'''III. ANALYSIS'''

We briefly address a preliminary matter: standing. We then turn to the constitutional issues that lie at the heart of the petitioner’s asseverational array.

Federal appellate courts typically review standing determinations de novo, see, e.g., ''Muir v. Navy Fed. Credit Union'', 529 F.3d 1100, 1105 (D.C.Cir.2008), and we apply that standard of review here.

The FISC determined that the petitioner had standing to mount a challenge to the legality of the directives based on the Fourth Amendment rights of third-party customers. At first blush, this has a counter-intuitive ring: it is common ground that litigants ordinarily cannot bring suit to vindicate the rights of third parties. See, e.g., Hinck v. United States, 550 U.S. 501, 127 S.Ct. 2011, 2017 n. 3, 167 L.Ed.2d 888 (2007); Warth v. Seldin, 422 U.S. 490, 499, 95 S.Ct. 2197, 45 L.Ed.2d 343 (1975). But that prudential limitation may in particular cases be relaxed by congressional action. Warth, 422 U.S. at 501, 95 S.Ct. 2197; see Bennett v. Spear, 520 U.S. 154, 162, 117 S.Ct. 1154, 137 L.Ed.2d 281 (1997) (recognizing that Congress can “modif[y] or abrogat[e]” prudential standing requirements). Thus, if Congress, either expressly or by fair implication, cedes to a party a right to bring suit based on the legal rights or interests of others, that party has standing to sue; provided, however, that constitutional standing requirements are satisfied. See Warth, 422 U.S. at 500–01, 95 S.Ct. 2197. Those constitutional requirements are familiar; the suitor must plausibly allege that it has suffered an injury, which was caused by the defendant, and the effects of which can be redressed by the suit. See id. at 498–99, 95 S.Ct. 2197; N.H. Right to Life PAC v. Gardner, 99 F.3d 8,13 (1st Cir.1996).

Here, the petitioner easily exceeds the constitutional threshold for standing. It faces an injury in the nature of the burden that it must shoulder to facilitate the government’s surveillances of its customers; that injury is obviously and indisputably caused by the government through the directives; and this court is capable of redressing the injury.