Yes. Where appropriate, Verizon can reject U.S. government requests for data based on legal insufficiency or improper form. In such cases, Verizon lawyers would engage in direct conversations with the U.S. government in order to resolve specific issues, and this typically results in the government either modifying or withdrawing the request. In the rare cases when this does not happen, Verizon may raise a formal legal challenge and has done so. Verizon has also participated in public efforts to better define the scope of the government’s surveillance authorities, most recently in a Supreme Court case that enhanced protections for customer location data.
The same process occurs with respect to national security requests. In the U.S., compelled electronic surveillance under FISA is overseen by the Foreign Intelligence Surveillance Court. If Verizon were the recipient of a FISA order (including directives issued under Section 702), Verizon would be able to challenge the validity of the order in that Court. For example, the application of Section 702 is limited by the language of 50 U.S.C. § 1881a(b). If Verizon found that a request apparently violated one of these prohibitions, Verizon would have the option of challenging it.
For national security matters like these, Verizon employs attorneys with appropriate security clearance and sufficient subject matter expertise to fully engage with the government, up to and including litigation in the Foreign Intelligence Surveillance Court.