Because Microsoft relies solely on customers’ self-reporting in classifying customers by residence, and stores emails (but only for the most part, and only in the interests of efficiency and good customer service) on local servers – and because the government did not include in its warrant application such information, if any, as it had about the target of its investigation – we do not know the nationality of the customer. If he or she is Irish (as for all we know the customer is), the case might present a troubling prospect from an international perspective: the Irish government and the European Union would have a considerable grievance if the United States sought to obtain the emails of an Irish national, stored in Ireland, from an American company which had marketed its services to Irish customers in Ireland. The case looks rather different, however – at least to me, and I would hope to the people and officials of Ireland and the E.U. – if the American government is demanding from an American company emails of an American citizen resident in the U.S., which are accessible at the push of a button in Redmond, Washington, and which are stored on a server in Ireland only as a result of the American customer’s misrepresenting his or her residence, for the purpose of facilitating domestic violations of American law, by exploiting a policy of the American company that exists solely for reasons of convenience and that could be changed, either in general or as applied to the particular customer, at the whim of the American company. Given that the extraterritoriality inquiry is essentially an effort to capture the congressional will, it seems to me that it would be remarkably formalistic to classify such a demand as an extraterritorial application of what is effectively the subpoena power of an American court. These considerations give me considerable pause about treating SCA warrants as extraterritorial whenever the service provider from whom the government seeks to require 15