Case 1:20-mc-00036-JEB-ZMF Document 22 Filed 09/22/21 Page 8 of 32 dictate whether any particular factor should take precedent.” In Matter of Application of Leret, 51 F. Supp. 3d 66, 71 (D.D.C. 2014). They merely “suggest guides for the exercise of district-court discretion.” Intel, 542 U.S. at 263 n.15. “A court’s discretion to grant or deny a § 1782 application is ‘considerable,’ and may appropriately take into account the ‘specific facts of [the] application’ to determine which factor or factors ‘to weigh most heavily.’” In re Ord. of Hulley Enters. Pursuant to 28 U.S.C. §1782, No. 17-mc-1466, 2017 WL 3708028, at *4 (D.D.C. Aug. 18, 2017) (quoting Lazaridis, 473 F. App’x at 4). “‘[D]istrict courts must exercise their discretion under § 1782 in light of the twin aims of the statute,’ which have been described as ‘providing efficient means of assistance to participants in international litigation in our federal courts and encouraging foreign countries by example to provide similar means of assistance to our courts.’” Norex Petroleum Ltd. v. Chubb Ins. Co. of Canada, 384 F. Supp. 2d 45, 49 (D.D.C. 2005) (quoting Schmitz v. Bernstein Liebhard & Lifshitz, LLP, 376 F.3d 79, 84 (2d Cir. 2004)). B. Stored Communications Act “[I]t is well-established that civil subpoenas, including those issued pursuant to 28 U.S.C. § 1782, are subject to the prohibitions of the [SCA].” Optiver Australia Pty. Ltd. & Anor. v. Tibra Trading Pty. Ltd. & Ors., No. C12-80242, 2013 WL 256771, at *1 (N.D. Cal. Jan. 23, 2013). The SCA mandates that “a person or entity providing an electronic communication service [(“ECS”)] to the public shall not knowingly divulge to any person or entity the contents of a communication while in electronic storage by that service.” 18 U.S.C. § 2702. Classification of an ECS is “context sensitive: the key is the provider’s role with respect to a particular copy of a particular communication, rather than the provider’s status in the abstract.” Orin S. Kerr, A User’s Guide to the Stored Communications Act, and A Legislator’s Guide to Amending It, 72 Geo. Wash. L. Rev. 1208, 1215 (2004). 8