Case 2:16-mj-01061-TJR Document 13 Filed 02/03/17 Page 27 of 29
In Microsoft, the Government alleged that preventing SCA warrants from
reaching data stored abroad would place a substantial burden on the Government; the
Government further argued that the current process for obtaining foreign-stored data is
cumbersome. Microsoft, 829 F.3d at 221. That process is governed by a series of MLATs
between the United States and other countries, pursuant to which signatory states may request
one another's assistance with ongoing criminal investigations, including the power to summon
witnesses, to compel the production of documents and other real evidence, to issue search
warrants, and to serve process. See U.S. Dep't of State, 7 Foreign Affairs Manual (FAM)§
962.1 (2013), https://fam.state.gov/FAM/07FAM/07FAM0960.html. But as the district court in
Microsoft found, the process under an MLAT is "slow and laborious" and many countries have
no MLAT with the United States. Microsoft, 15 F.Supp. 3d at 474-75. This concern was echoed
by Judge Cabranes in his opinion dissenting from the denial of en bane review of the Microsoft
decision. Judge Cabranes stated:
The United States has entered into MLATs with several countries, allowing
parties to the treaty to request assistance with ongoing criminal investigations,
including issuance and execution of search warrants. However, many countries
do not have MLATs with the United States, ~' Indonesia and Pakistan, and law
enforcement cooperation with those countries is limited.
2017 WL 362765, at *8 n.11.
In addition, the Government argues that Google's architecture creates an
insurmountable obstacle for the Government to overcome in the MLAT process. The location of
the electronic data depends "upon the working of an automatic computer algorithm aimed at
creating network efficiency." See Gov't Reply at 20. The Government seeks to draw a
distinction between Microsoft and the present case. In Microsoft, the ISP could inform the
27
Sélectionner le paragraphe cible3
Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières