Case 2:16-mj-01061-TJR Document 13 Filed 02/03/17 Page 7 of 29
appurtenant building, part of a building, or land used for the mission's
purposes; or
(C) a residence and any appurtenant land owned or leased by the
United States and used by United States personnel assigned to a United
States diplomatic or consular mission in a foreign state.
Fed. R. Crim. P. 41(b)(5).
D.
Google's Production of Electronic Data
Google is a United States-headquartered company that provides a variety of online
and communications services to its users. (Stip.
~
1.) Google stores user data in various
locations, some of which are in the United States and some of which are in countries outside the
United States. (Stip.
~
2.) Some user files may be broken into component parts, and different
parts of a single file may be stored in different locations (and, accordingly, different countries) at
the same time. (Stip.
~
3.) Google operates a state-of-the-art intelligent network that, with
respect to some types of data, including some of the data at issue in this case, automatically
moves data from one location on Google's network to another as frequently as needed to
optimize for performance, reliability, and other efficiencies. 5 (Stip. ~ 4.) As a result, the country
or countries in which specific user data, or components of that data, is located may change. Id. It
is possible that the network will change the location of data between the time when the legal
process is sought and when it is served. Id. As such, Google contends that it does not currently
have the capability, for all of its services, to determine the location of the data and produce that
data to a human user at any particular point in time. (N.T. 1/12117 at 15-16.)
Google stores data in a dynamic network which distributes the data, sometimes in
bits and pieces, to servers located domestically and in foreign countries. Google maintains data
centers across the Americas, Asia and Europe. See
www.Google.com/about/datacenters/inside/locations/index.html (last visited February 2, 2017).
7
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