03/02/2020 In re 381 Search Warrants Directed to Facebook, Inc. :: 2017 :: New York Court of Appeals Decisions :: New York Case Law :: New York Law :: US … [*1]In the Matter of 381 Search Warrants Directed to Facebook, Inc., & c. Facebook, Inc., Appellant, and New York County District Attorney's Office, Respondent. (And Another Proceeding.) Thomas H. Dupree, Jr., for appellant. Cyrus R. Vance, Jr., for respondent. New York Civil Liberties Union et al.; Foursquare Labs, Inc. et al.; Brennan Center for Justice at NYU et al.; District Attorneys Association of the State of New York; Matthew L. Biben et al.; Amazon.com, Inc. et al., amici curiae. STEIN, J.: In this matter, we are asked to determine the appealability of two Supreme Court orders. The first order denied Facebook, Inc.'s motion to quash certain warrants, issued pursuant to the federal Stored Communications Act, that sought the account information and communications of various Facebook subscribers in connection with a criminal investigation. The second order denied Facebook's motion to compel disclosure of the affidavit supporting the [*2]warrant application. This case undoubtedly implicates novel and important substantive issues regarding the constitutional rights of privacy and freedom from unreasonable search and seizure, and the parameters of a federal statute establishing methods by which the government may obtain certain types of information. Nevertheless, while it may be tempting for this Court to address those issues, we must — in this case as in every other case — first ascertain whether https://law.justia.com/cases/new-york/court-of-appeals/2017/16.html 2/44

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