The magistrate judge noted the ease with which a wrongdoer can mislead a service
provider that has overseas storage facilities into storing content outside the United
States. He further noted that the current process for obtaining foreign‐stored data is
cumbersome. That process is governed by a series of Mutual Legal Assistance Treaties
(“MLATs”) between the United States and other countries, which allow signatory states
to request one another’s assistance with ongoing criminal investigations, including
issuance and execution of search warrants. See U.S. Dep’t of State, 7 Foreign Affairs
Manual (FAM) § 962.1 (2013), available at fam.state.gov/FAM/07FAM/07FAM0960.html
(last visited May 12, 2016) (discussing and listing MLATs).29 And he observed that, for
countries with which it has not signed an MLAT, the United States has no formal tools
with which to obtain assistance in conducting law enforcement searches abroad.30
These practical considerations cannot, however, overcome the powerful clues in
the text of the statute, its other aspects, legislative history, and use of the term of art
The United States has entered into an MLAT with all member states of the European Union,
including Ireland. See Agreement on Mutual Legal Assistance Between the European Union
and the United States of America, June 25, 2003, T.I.A.S. No. 10‐201.1.
30 In addition, with regard to the foreign sovereign’s interest, the District Court described § 442
(1)(a) of the Restatement of Foreign Relations Law as “dispositive.” Tr. of Oral Arg., supra note
25, at 69. That section provides:
A court or agency in the United States, when authorized by statute
or rule of court, [is empowered to] order a person subject to its
jurisdiction to produce documents, objects, or other information
relevant to an action or investigation, even if the information or
the person in possession of the information is outside the United
States.
Restatement of Foreign Relations Law (3d) § 442(1)(a) (1987). We are not persuaded. The
predicate for the Restatement’s conclusion is that the court ordering production of materials
located outside the United States is “authorized by statute or rule of court” to do so. Whether
such a statute―the SCA―can fairly be read to authorize the production sought is precisely the
question before us.
29
41
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos