Case 2:16-mj-01061-TJR Document 13 Filed 02/03/17 Page 13 of 29 addition, the court determined that the term of art "warrant" as used in the SCA was intended to protect privacy rights in a territorial way. Id. at 212. 8 Having determined under the first step of the Morrison analysis that the relevant statutory provisions of the SCA do not contemplate extraterritorial application, the court proceeded to the second step. That is, the court identified the statute's focus and assessed whether the execution of the warrant would constitute an unlawful extraterritorial application of the SCA. Id. at 220-21. In so doing, the court examined the plain meaning of the SCA' s warrant provisions, the focus of the substantive provisions of the Act, the focus of sections 2701 and 2702 of the Act on the protection of stored electronic data, the adoption by the SCA of the procedures set forth in Fed. R. Crim. P. 41 which reflects the historical understanding of a warrant as an instrument protective of a citizen's privacy, and the legislative history of the statute. See id. at 217-20. Ultimately, the Second Circuit found that the SCA focuses on user privacy and determined that enforcing the warrant by directing Microsoft to seize the contents of its customer's communications stored in Ireland would be an unlawful extraterritorial application of the SCA. Id. at 220-21. F. Morrison Step Two Analysis In a recent decision, the Supreme Court further elaborated on the proper analysis at step two of the Morrison inquiry. In RJR Nabisco, Inc. v. European Cmty., 136 S. Ct. 2090 The court rejected the district court's interpretation of the word "warrant" as used in 18 U.S.C. § 2703(a) as one being akin to a hybrid between a warrant and a subpoena. Microsoft, 829 F.3d at 213-14. Instead, the Second Circuit held that the term warrant was a term of art, tied to the restrictions of Fed. R. Crim. P. 41(b)(5) which limits search warrants to a United States territory, possession or commonwealth. The court noted that the SCA itself distinguishes between subpoenas and warrants and the Act does not use the word "hybrid" to describe a warrant. See id. at 214-16. 13