![]() ![]() As of the date of this statement, Momentive has not received any directive under FISA § 702 and has no reason to believe that such a directive would be made to Momentive. Momentive has not received any directive under FISA § 702, and we are unlikely to receive any. As a result, we are not eligible to receive the type of order principally addressed in, and deemed problematic by, the Schrems II decision. Momentive does not provide such Internet backbone services, as we only carry traffic involving our own customers. For example, see the report of the Privacy and Civil Liberties Oversight Board, Report on the Surveillance Program Operated Pursuant to Section 702 of the Foreign Intelligence Surveillance Act (July 2, 2014), pp. As the US government has applied FISA § 702, it uses upstream orders only to target traffic flowing through internet backbone providers that carry Internet traffic for third parties (i.e., telecommunications carriers). However, as the US government has interpreted and applied FISA § 702, Momentive is not eligible to receive the type of order that was of principal concern to the CJEU in the Schrems II decision-i.e., a FISA § 702 order for “upstream” surveillance. thus is among the large group of companies upon which the United States government could serve a targeted directive under FISA § 702. acts, in part, as an electronic communications service (“ECS”) and also potentially a remote computing service (“RCS”) (as defined in Sections 25 of Title 18 USC., respectively) in connection with certain services or product features we provide to Customers. Momentive is not eligible to receive “upstream” or bulk surveillance orders under FISA § 702. ![]()
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