Case 2:16-mj-01061-TJR Document 13 Filed 02/03/17 Page 10 of 29 statutory language could be read to mean that while procedural aspects of the application process are to be drawn from Rule 41 (for example, the presentation of the application based on sworn testimony to a magistrate judge), more substantive rules are derived from other sources. See In re United States, [665 F.Supp. 2d 1210, 1219 (D. Or. 2009)] (finding ambiguity in that "'[i]ssued' may be read to limit the procedures that are applicable under§ 2703(a), or it might merely have been used as a shorthand for the process of obtaining, issuing, executing, and returning a warrant, as described in Rule 41 ");In re Search of Yahoo, Inc., No. 07-3194, 2007 WL 1539971, at *5 (D. Ariz. May 21, 2007) (finding that "the phrase 'using the procedures described in' the Federal Rules remains ambiguous"). Id. at 4 70-71. Judge Francis resolved this ambiguity by finding that an SCA warrant is a hybrid between a search warrant and a subpoena. Because an SCA warrant is served on a service provider rather than on a law enforcement officer, it "is executed like a subpoena in that it ... does not involve government agents entering the premises of the [internet service provider] ... to search its servers and seize the e-mail account in question." Id. at 471. Thus, the search warrant's subpoena-like qualities required the service provider to hand over information it controls no matter where that information is located. This interpretation was supported by the well-established principle that a court's power to require a person to disclose information applies to all information in that person's custody or control, regardless of where the information is located. See Marc Rich & Co., A.G. v. United States, 707 F.2d 663, 667 (2d Cir. 1983) ("Neither may the witness resist the production of documents on the ground that the documents are located abroad. The test for production of documents is control, not location."). Judge Francis also held that "it is difficult to believe that, in light of the practical consequences that would follow, Congress intended to limit the reach of the SCA Warrants to data stored in the United States." In re Warrant to Search a Certain E-mail Account Controlled and Maintained by Microsoft Corp., 15 F.Supp. 3d at 474. The court reasoned that allowing 10