To decide whether the presumption limits the reach of a statutory provision in a
particular case, “we look to see whether ‘language in the [relevant Act] gives any
indication of a congressional purpose to extend its coverage beyond places over which
the United States has sovereignty or has some measure of legislative control.’” Aramco,
499 U.S. at 248 (alteration in original) (quoting Foley Bros., Inc. v. Filardo, 336 U.S. 281,
285 (1949)). The statutory provision must contain a “clear indication of an
extraterritorial application”; otherwise, “it has none.” Morrison, 561 U.S. at 255; see also
RJR Nabisco, 579 U.S. at __, 2016 WL 3369423, at *7.
Following the approach set forth in Morrison, our inquiry proceeds in two parts.
We first determine whether the relevant statutory provisions contemplate
extraterritorial application. Id. at 261–65. If we conclude that they do not, by
identifying the statute’s focus and looking at the facts presented through that prism, we
then assess whether the challenged application is “extraterritorial” and therefore
outside the statutory bounds. Id. at 266–70.
C.
Whether the SCA’s Warrant Provisions Contemplate Extraterritorial
Application
We dispose of the first question with relative ease. The government conceded at
oral argument that the warrant provisions of the SCA do not contemplate or permit
extraterritorial application.19 Our review of the statute confirms the soundness of this
concession.
When asked, “What text in the Stored Communications Act do you point to, to support your
assertion that . . . Congress intended extraterritorial application?”, the government responded,
“There’s no extraterritorial application here at all.” Recording of Oral Argument at 1:06:40–
1:07:00. Later, when Judge Lynch observed, “I take it that suggests that the government actually
agrees that there shall not be extraterritorial application of the Stored Communications Act . . .
what this dispute is about is about the focus of the statute and what counts as an extraterritorial
19
22
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