Apple e-mail address. See Application at 3. 2 For purposes of this opinion, the details of the
investigation—which remain under seal on the Court’s docket—are irrelevant. 3
Following a standard format used by the Department of Justice, 4 the Application is
divided into three main parts. The first part provides background and explains the basis for
probable cause. The second part—labeled Attachment A—is titled “Place to Be Searched” and
specifies the location of Apple, Inc.; it also explains that the “warrant applies to information
associated with the e-mail account [redacted]@mac.com which date from [December], 2013,
until the present.” Application at 14. Finally, the third part—labeled Attachment B—operates in
a bifurcated manner: under the heading “Particular Things to be Seized,” the Application
distinguishes between “Information to be Disclosed by Apple” and “Information to be seized by
the government.” Application at 15-16. 5
The government seeks the following:
ATTACHMENT B
Particular Things to be Seized
I. Information to be disclosed by Apple
To the extent that the information described in Attachment A is within the
possession, custody, or control of Apple, Apple is required to disclose the
following information to the government for each account or identifier listed in
Attachment A: All records or other information stored by an individual using each
account, including address books, contact and buddy lists, pictures, and files;
2
Because the Clerk’s office does not index filings on ECF for a search warrant application until after an order has
been issued granting or denying an application, this opinion cannot reference specific ECF filing numbers.
3
This opinion addresses an investigatory tool related to an ongoing investigation, and the underlying documents
must remain sealed for the time being. However, this opinion is intended to be—and shall be—made public, as it
discusses the investigation in a sufficiently vague manner such as to avoid compromising the ongoing criminal
investigation.
4
In fact, the exact draft language is found in Searching and Seizing Computers and Obtaining Electronic Evidence
in Criminal Investigations, Department of Justice Criminal Division Computer Crimes and Intellectual Property
Section, 255-262 available at http://www.justice.gov/criminal/cybercrime/docs/ssmanual2009.pdf (last visited Mar.
7, 2014).
5
As a practical matter, when a Magistrate Judge is presented with a search warrant application, the Judge signs both
the application presented by the government and a standard search warrant form propagated by the Administrative
Office of the United States Courts. The search warrant form has a space where the “items to be seized” are listed.
Instead of specifying the items there, the government or the clerk’s office typically writes in “See Attachment B.”
Thus, when the warrant is presented to the target—in this case Apple—that target receives both the form and
Attachment B.
2