Case 2:16-mj-01061-TJR Document 13 Filed 02/03/17 Page 1 of 29 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA In re Search Warrant No. 16-960-M-01 to Google Misc. No. 16-960-M-O 1 16-1061-M In re Search Warrant No. 16-1061-M to Google MEMORANDUM OF DECISION THOMAS J. RUETER United States Magistrate Judge February 3, 2017 In August, 2016, this court issued two search warrants, pursuant to section 2703 of the Stored Communications Act, 18 U.S.C. §§ 2701 et~ ("SCA" or "Act"), which required Google Inc. ("Google") to disclose to agents of the Federal Bureau oflnvestigation ("FBI") certain electronic data held in the accounts of targets in two separate criminal investigations. Each account holder resides in the United States, the crimes they are suspected of committing occurred solely in the United States, and the electronic data at issue was exchanged between persons located in the United States. Presently before the court are the Government's motions to compel Google to produce electronic data in accordance with these search warrants (the "Motions"). 1 Google has partially complied with the warrants by producing data that is within the scope of the warrants that it could confirm is stored on its servers located in the United States. (N.T. 1/12/17 at 13.) Google, however, has refused to produce other data required to be produced by the warrants, relying upon a recent decision of a panel of the United States Court of Appeals for the Second Circuit, Matter of Warrant to Search a Certain E-Mail Account Controlled & Maintained by The Government filed a motion to compel in each of the above-referenced cases. See Case No. 16-960-M-01, Doc. 4 and Case No. 16-1061-M, Doc. 5. The motion filed in each case is essentially the same. Accordingly, the court's analysis applies to both motions.

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