purview ― of particular note here, outside of the place identified, which must be
described in the document. Id. at 445–46.
As the term is used in the Constitution, a warrant is traditionally moored to
privacy concepts applied within the territory of the United States: “What we know of
the history of the drafting of the Fourth Amendment . . . suggests that its purpose was
to restrict searches and seizures which might be conducted by the United States in
domestic matters.” In re Terrorist Bombings of U.S. Embassies in East Africa, 552 F.3d 157,
169 (2d Cir. 2008) (alteration omitted and ellipses in original) (quoting United States v.
Verdugo‐Urquidez, 494 U.S. 259, 266 (1990)). Indeed, “if U.S. judicial officers were to
issue search warrants intended to have extraterritorial effect, such warrants would have
dubious legal significance, if any, in a foreign nation.” Id. at 171. Accordingly, a
warrant protects privacy in a distinctly territorial way.21
The SCA’s legislative history related to its post enactment amendments supports
our conclusion that Congress intended to invoke the term “warrant” with all of its
traditional, domestic connotations.22 Since the SCA’s initial passage in 1986, Congress
has amended § 2703 to relax some of the Rule 41 requirements as they relate to SCA
warrants. Although some address the reach of SCA warrants, none of the amendments
The government argues that the SCA’s warrant provisions were “modeled after the Right to
Financial Privacy Act,” 12 U.S.C. §§ 3402(3), 3406, and that the latter act also “envisions that
warrants—along with subpoenas and summonses—will trigger a disclosure requirement.”
Gov’t Br. at 19 (citing S. Rep. No. 99‐541, at 3). It points to no authority definitively construing
the latter act’s warrant provisions, however, nor any acknowledgment in the history of the SCA
that enforcement of the warrant’s disclosure commands would cross international boundaries.
For these reasons, we accord little weight to the observation.
22 We note that a 2009 amendment to Rule 41 expressly authorizes the use of such warrants to
seize electronically‐stored data, without abandoning the requirement that the warrant specify
the place from which the data is to be seized. See Fed. R. Crim. P. 41(e)(2)(B) (allowing
magistrate judge to “authorize the seizure of electronic storage media or the seizure or copying of
electronically stored information” (emphasis added)).
21
26
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