Case 2:16-mj-01061-TJR Document 13 Filed 02/03/17 Page 4 of 29
comply with the search warrant (Doc. 5). On November 22, 2016, the court ordered Google to
"show cause in a written response to be filed by December 22, 2016 as to the basis upon which
Google chose not to comply with Search Warrant No. 16-1061-M." On December 22 2016
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Google, Inc. filed its response to the order to show cause and filed a motion to amend the nondisclosure order (Doc. 7). As in its Response filed in 16-960-M-01, Google relied on the
Microsoft case to justify its non-compliance and also challenged the non-disclosure order. On
January 5, 2017, the Government filed its reply brief in this case (Doc. 8).
By order dated January 6, 2017, the court granted the parties' joint request for
consolidation of the two cases for purpose of the oral argument scheduled on January 12, 2017.
The parties submitted a Stipulation of Facts, which was filed in both cases on January 12, 2017. 3
At the hearing, both Google and the Government stressed the importance of the issues raised by
the Microsoft case. Google explained that each year it receives thousands of requests for the
disclosure of user data from federal, state, and local governmental entities in connection with
criminal matters. The Government emphasized the critical importance of obtaining the
electronic data of criminal suspects residing in the United States. Due to the priority of the issue
to both parties, the court will address the questions arising from the Microsoft decision in this
Memorandum of Decision, and will separately decide the over-breath and non-disclosure issues
in separate orders.
3
The parties entered into a Stipulation regarding the architecture of Google Inc. and
its businesses. See Case No. 16-960-M-01, Doc. 22 and Case No. 16-1061-M, Doc. 11.
4