Case 2:16-mj-01061-TJR Document 13 Filed 02/03/17 Page 2 of 29
Microsoft Corp., 829 F.3d 197 (2d Cir. 2016) (hereinafter "Microsoft"), rehearing en bane
denied, No. 14-2985, 2017 WL 362765 (2d Cir. Jan. 24, 2017). 2 For the reasons set forth below,
the court grants the Motions.
I.
BACKGROUND
A.
Procedural History
On August 2, 2016, the undersigned issued a search warrant pursuant to section
2703(b) of the SCA, for all data associated with three Google accounts held by an individual who
resided in the United States (Case No. 16-960-M-01). The Affidavit in support of the
Application for the Search Warrant established probable cause that the three Google accounts
described therein were being used by the target of the investigation to commit a fraud in violation
of federal law. The fraud described in the Application occurred exclusively in the United States
and the victim of the fraud was domiciled in the United States. The executed warrant was served
upon Google at its offices in California. The warrant directed Google to send the data to an FBI
agent in Pennsylvania.
On August 19, 2016, United States Magistrate Judge M. Faith Angell issued a
search warrant (Case No. 16-1061-M) to Google for all data associated with an account of an
individual who resided in the United States and was a target of an investigation pertaining to the
theft of trade secrets from a corporation located in the United States. The Affidavit in support of
2
On a request for a rehearing en bane, the active judges of the Second Circuit were
split evenly (four to four) on whether to grant the petition, and thus the petition was denied. The
Honorable Susan L. Carney concurred by opinion in the denial of rehearing en bane. No other
judge joined in this opinion. Four judges filed separate opinions dissenting from the denial of
rehearing en bane. They were the Honorable Dennis Jacobs, Judge Jose A. Cabranes, Judge
Reena Raggi, and Judge Christopher F. Droney. Each dissenting opinion was joined by the other
dissenters.
2