does not verify user identity or location; it simply takes the user‐provided information
at face value, and its systems migrate the data according to company protocol.
Under practices in place at the time of these proceedings, once the transfer is
complete, Microsoft deletes from its U.S.‐based servers “all content and non‐content
information associated with the account in the United States,” retaining only three data
sets in its U.S. facilities. Id. at 37. First, Microsoft stores some non‐content e‐mail
information in a U.S.‐located “data warehouse” that it operates “for testing and quality
control purposes.” Id. Second, it may store some information about the user’s online
address book in a central “address book clearing house” that it maintains in the United
States. Third, it may store some basic account information, including the user’s name
and country, in a U.S.‐sited database. Id. at 37–38.
Microsoft asserts that, after the migration is complete, the “only way to access”
user data stored in Dublin and associated with one of its customer’s web‐based e‐mail
accounts is “from the Dublin datacenter.” Id. at 37. Although the assertion might be
read to imply that a Microsoft employee must be physically present in Ireland to access
the user data stored there, this is not so. Microsoft acknowledges that, by using a
database management program that can be accessed at some of its offices in the United
States, it can “collect” account data that is stored on any of its servers globally and bring
that data into the United States. Id. at 39–40.
II.
Procedural History
On December 4, 2013, Magistrate Judge James C. Francis IV of the United States
District Court for the Southern District of New York issued the “Search and Seizure
Warrant” that became the subject of Microsoft’s motion to quash.
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