section 702 is compulsory in the sense that, when the United States hasissued a directive to an electronic communication service provider that is authorizedby its annual certification to the FISA Court under section 702, the provider musteither (1) comply; or (2) challenge the directive in the FISA Court

If the provider challenges thedirective in court and loses, its failure to comply with the ensuing court order isexpressly punishable by contempt — which could include significant (accumulating)fines. See 50 U.S.C. § 1881a(i)(4)(G)

Another situation worth mentioning in this context is when a controller in the EU uses a processor inthe EU subject to third country legislation and there is a possibility that the processor will receivegovernment access requests and, thus, a transfer of personal data will take place if the processor actson such reques