Microsoft currently makes “enterprise cloud service offerings” available to
customers in over 100 countries through Microsoft’s “public cloud.”4 The service
offerings are “segmented into regions, and most customer data (e.g. email, calendar
entries, and documents) is generally contained entirely within one or more data centers
in the region in which the customer is located.” J.A. at 109. Microsoft generally stores a
customer’s e‐mail information and content at datacenters located near the physical
location identified by the user as its own when subscribing to the service. Microsoft
does so, it explains, “in part to reduce ‘network latency’” 5—i.e., delay—inherent in
web‐based computing services and thereby to improve the user’s experience of its
service. J.A. at 36–37. As of 2014, Microsoft “manage[d] over one million server
computers in [its] datacenters worldwide, in over 100 discrete leased and owned
datacenter facilities, spread over 40 countries.” Id. at 109. These facilities, it avers, “host
more than 200 online services, used by over 1 billion customers and over 20 million
businesses worldwide.” Id. at 109.
One of Microsoft’s datacenters is located in Dublin, Ireland, where it is operated
by a wholly owned Microsoft subsidiary. According to Microsoft, when its system
automatically determines, “based on [the user’s] country code,” that storage for an
e‐mail account “should be migrated to the Dublin datacenter,” it transfers the data
associated with the account to that location. Id. at 37. Before making the transfer, it
Newton’s Telecom Dictionary at 373.
4 The��Supreme Court has recently described “[c]loud computing” as “the capacity of Internet‐
connected devices to display data stored on remote servers rather than on the device itself.”
Riley v. California, 134 S. Ct. 2473, 2491 (2014).
5 Microsoft explains network latency as “the principle of network architecture that the greater
the geographical distance between a user and the datacenter where the user’s data is stored, the
slower the service.” J.A. at 36.
8
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