v. Royal Dutch Petroleum Co., 133 S. Ct. 1659, 1664 (2013) (“The presumption against extraterritorial application helps ensure that the Judiciary does not erroneously adopt an interpretation of U.S. law that carries foreign policy consequences not clearly intended by the political branches.”). Thus, while I think the case is closer – and the government’s arguments more potent – than is reflected in the Court’s opinion, I come out in the same place. III Despite ultimately agreeing with the result in this case, I dwell on the reasons for thinking it close because the policy concerns raised by the government are significant, and require the attention of Congress. I do not urge that Congress write the government’s interpretation into the Act. That is a policy judgment on which my own views have no particular persuasive force. My point is simply that the main reason that both the majority and I decide this case against the government is that there is no evidence that Congress has ever weighed the costs and benefits of authorizing court orders of the sort at issue in this case. The SCA became law at a time when there was no reason to do so. But there is reason now, and it is up to Congress to decide whether the benefits of permitting subpoena-like orders of the kind issued here outweigh the costs of doing so. Moreover, while I do not pretend to the expertise necessary to advocate a particular answer to that question, it does seem to me likely that a sensible answer will be more nuanced than the position advanced by either party to this case. As indicated above, I am skeptical of the conclusion that the mere location abroad of the server on which the service provider has chosen to store communications should be controlling, putting those communications beyond the reach of a purely “domestic” statute. That may be the default position to which a court must revert in 17