e‐mail content was sought, the record is silent. For its part, the SCA is silent as to the
reach of the statute as a whole and as to the reach of its warrant provisions in particular.
Finally, the presumption against extraterritorial application of United States statutes is
strong and binding. See Morrison, 561 U.S. at 255. In these circumstances, we believe we
must begin our analysis with an inquiry into whether Congress, in enacting the warrant
provisions of the SCA, envisioned and intended those provisions to reach outside of the
United States. If we discern that it did not, we must assess whether the enforcement of
this Warrant constitutes an unlawful extraterritorial application of the statute. We thus
begin with a brief review of Morrison, which outlines the operative principles.
B.
Morrison and the Presumption Against Extraterritoriality
When interpreting the laws of the United States, we presume that legislation of
Congress “is meant to apply only within the territorial jurisdiction of the United States,”
unless a contrary intent clearly appears. Id. at 255 (internal quotation marks omitted);
see also RJR Nabisco, Inc. v. European Cmty., 579 U.S. __, __, 2016 WL 3369423, at *7 (June
20, 2016). This presumption rests on the perception that “Congress ordinarily legislates
with respect to domestic, not foreign matters.” Id. The presumption reflects that
Congress, rather than the courts, has the “facilities necessary” to make policy decisions
in the “delicate field of international relations.” Kiobel v. Royal Dutch Petroleum Co., 133
S. Ct. 1659, 1664 (2013) (quoting Benz v. Compania Naviera Hidalgo, S.A., 353 U.S. 138, 147
(1957)). In line with this recognition, the presumption is applied to protect against
“unintended clashes between our laws and those of other nations which could result in
international discord.” Equal Emp’t Opportunity Comm’n v. Arabian American Oil Co., 499
U.S. 244, 248 (1991) (“Aramco”); see generally Park Central Global Hub Ltd. v. Porsche Auto.
Holdings SE, 763 F.3d 198 (2d Cir. 2014) (per curiam).
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