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 …
traditional search warrants involving tangible property because they compel third parties to
disclose digital data. Thus, Facebook and the dissent urge us to treat Supreme Court's first
order denying its motion to quash the warrants as an appealable order denying a motion to
quash subpoenas. This argument is unpersuasive.
It is true that the method of compliance with an SCA warrant has some characteristics that
resemble a response to a subpoena. Most prominently, an SCA warrant compels a third
party — here, Facebook — to compile and turn over digital data under its control, and the
presence of a law enforcement officer is not required for service or execution of the warrant
(see 18 USC § 2703 [g]). A traditional search warrant, by comparison, authorizes law
enforcement to enter, search, and seize property (see CPL 690.05 [2]). These differences in
execution, however, can be easily explained by the nature of the material sought. The
service provider is more likely to be better equipped to access and conduct a search of its
own digital information than law enforcement personnel (see generally United States v
Bach, 310 F3d 1063, 1067 [8th Cir 2002]), and the data may be stored in different
locations. Thus, the framework of execution for SCA warrants ensures efficiency and
minimizes intrusion into the provider's business while promoting and protecting legitimate
law enforcement interests in criminal investigation. Despite the minor similarities between
SCA warrants and subpoenas, in this post-digital world, we are not convinced that SCA
warrants — which are required under the statute to obtain certain content-based
information that cannot be obtained with a subpoena due to heightened privacy interests in
electronic communications (see 18USC § 2703 [a], [b] [1] [A]; S REP 99-541, 1986 US Code
Cong & Admin News at 3559) — should nevertheless be treated as subpoenas.
Initially, the SCA plainly distinguishes between subpoenas and warrants, and there is no
indication that Congress intended for SCA warrants to be treated as subpoenas. Indeed, to
so hold, would be to ignore the plain language of the SCA in contravention of the rules of
statutory interpretation (see People v Jones, 26 NY3d 730, 733 [2016]; Matter of
[*6]DaimlerChrysler Corp. v Spitzer, 7 NY3d 653, 660 [2006]). As the Second Circuit
recently explained,
"[w]arrants and subpoenas are, and have long been, distinct legal instruments. Section
2703 of the SCA recognizes this distinction and, unsurprisingly, uses the 'warrant'
requirement to signal (and to provide) a greater level of protection to priority stored
communications, and 'subpoenas' to signal (and provide) a lesser level. Section 2703 does
not use the terms interchangeably. Nor does it use the word 'hybrid' to describe an SCA
warrant. . . . We see no reasonable basis in the statute from which to infer that Congress
used 'warrant' to mean 'subpoena'"
https://law.justia.com/cases/new-york/court-of-appeals/2017/16.html
7/44
Sélectionner le paragraphe cible3
Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières