servers could be obtained simply by subpoena, if notice is given to the user. Gov’t Br. at
29. This argument assumes, however, that a subpoena issued to Microsoft under the
SCA’s subpoena provisions would reach a user’s e‐mail content stored on foreign
servers. Although our Court’s precedent regarding the foreign reach of subpoenas (and
Marc Rich in particular) might suggest this result, the protections rightly accorded user
content in the face of an SCA subpoena have yet to be delineated. Today, we need not
determine the reach of the SCA’s subpoena provisions, because we are faced here only
with the lawful reach of an SCA warrant. Certainly, the service provider’s role in
relation to a customer’s content supports the idea that persuasive distinctions might be
drawn between it and other categories of subpoena recipients. See supra note 23.
In light of the plain meaning of the statutory language and the characteristics of
other aspects of the statute, we conclude that its privacy focus is unmistakable.
3.
Legislative History
We consult the Act’s legislative history to test our conclusion.
In enacting the SCA, Congress expressed a concern that developments in
technology could erode the privacy interest that Americans traditionally enjoyed in
their records and communications. See S. Rep. No. 99‐541, at 3 (“With the advent of
computerized recordkeeping systems, Americans have lost the ability to lock away a
great deal of personal and business information.”); H.R. Rep. No. 99‐647, at 19 (1986)
(“[M]ost important, if Congress does not act to protect the privacy of our citizens, we
may see the gradual erosion of a precious right.”). In particular, Congress noted that
the actions of private parties were largely unregulated when it came to maintaining the
privacy of stored electronic communications. See S. Rep. No. 99‐541, at 3; H.R. Rep. No.
99‐647, at 18. And Congress observed further that recent Supreme Court precedent
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