WIEDER AND GUARNIERI v. THE UNITED KINGDOM JUDGMENT 43. Microsoft produced the customer’s non-content information to the Government as directed. Those data were stored in the United States. However, Microsoft ascertained that, to comply fully with the warrant, it would need to access customer content that it stored and maintained in Ireland and to import those data into the United States for delivery to federal authorities. It declined to do so. Instead, it moved to quash the warrant. 44. The Magistrate Judge denied Microsoft’s motion, resting on the legal conclusion that the warrant in question was more akin to a subpoena than a warrant, and that a properly served subpoena would compel production of any material, including customer content, so long as it was stored at premises owned, maintained, controlled, or operated by Microsoft Corporation. The District Court, after a hearing, adopted the Magistrate Judge’s reasoning and affirmed his ruling (see In re Warrant To Search a Certain E-Mail Account Controlled and Maintained by Microsoft Corp., 15 F.Supp.3d 466 (SDNY 2014)). Shortly after, the District Court held Microsoft in civil contempt for refusing to comply fully with the warrant. 45. A panel of the Court of Appeals for the Second Circuit reversed the denial of the motion to quash and vacated the civil contempt finding (see In re Warrant To Search a Certain E-Mail Account Controlled and Maintained by Microsoft Corp., 829 F. 3d 197, 204– 205 (CA2 2016)). It said the following: “For the reasons that follow, we think that Microsoft has the better of the argument. When, in 1986, Congress passed the Stored Communications Act as part of the broader Electronic Communications Privacy Act, its aim was to protect user privacy in the context of new technology that required a user’s interaction with a service provider. Neither explicitly nor implicitly does the statute envision the application of its warrant provisions overseas. Three decades ago, international boundaries were not so routinely crossed as they are today, when service providers rely on worldwide networks of hardware to satisfy users’ 21st–century demands for access and speed and their related, evolving expectations of privacy.” 46. It continued: “The information sought in this case is the content of the electronic communications of a Microsoft customer. The content to be seized is stored in Dublin. The record is silent regarding the citizenship and location of the customer. Although the Act’s focus on the customer’s privacy might suggest that the customer’s actual location or citizenship would be important to the extraterritoriality analysis, it is our view that the invasion of the customer’s privacy takes place under the SCA [Stored Communications Act] where the customer’s protected content is accessed—here, where it is seized by Microsoft, acting as an agent of the government. Because the content subject to the Warrant is located in, and would be seized from, the Dublin data center, the conduct that falls within the focus of the SCA would occur outside the United States, regardless of the customer’s location and regardless of Microsoft’s home in the United States. (...).” 47. On 23 March 2018, before the case was considered by the Supreme Court, the Clarifying Lawful Overseas Use of Data Act (CLOUD Act) was 15