Case 2:16-mj-01061-TJR Document 13 Filed 02/03/17 Page 18 of 29 constitutes an unlawful extraterritorial application of the Act. 12 2. Analysis of Extraterritoriality in the Present Cases In contrast to the decision in Microsoft, this court holds that the disclosure by Google of the electronic data relevant to the warrants at issue here constitutes neither a "seizure" nor a "search" of the targets' data in a foreign country. This court agrees with the Second Circuit's reliance upon Fourth Amendment principles, but respectfully disagrees with the Second Circuit's analysis regarding the location of the seizure and the invasion of privacy. The crux of the issue before the court is as follows: assuming the focus of the Act is on privacy concerns, where do the invasions of privacy take place? To make that determination, the court must 12 As noted supra, the Honorable Gerard E. Lynch filed a concurring opinion in the Microsoft panel decision. See Microsoft, 829 F.3d at 222-33. Judge Lynch found that because of the amorphous nature of cloud technology, the question of whether compelling disclosure of data stored in Ireland constituted an extraterritorial application of the SCA was a "very close" question. He stated, "[t]he government's characterization of the warrant at issue as domestic, rather than extraterritorial, is thus far from frivolous and renders this, for me, a very close case to the extent that the presumption against extraterritoriality shapes our interpretation of the statute." Id. at 229. Judge Lynch explained: Corporate employees in the United States can review ... [electronic documents], when responding to the ''warrant" or subpoena or court order just as they can do in the ordinary course of business, and provide the relevant materials to the demanding government agency, without ever leaving their desks in the United States. The entire process of compliance takes place domestically. Id. at 229. Judge Lynch criticized the majority's finding that "the locus of the invasion of privacy is where the private content is stored." Id. at 230 n.7. He stated that this determination seemed to be "suspect when the content consists of emails stored in the 'cloud."' Id. He stated, "[i]t seems at least equally persuasive that the invasion of privacy occurs where the person whose privacy is invaded customarily resides." Id. However, Judge Lynch ultimately concluded that because the nationality of the Microsoft account holder was unknown and was probably a citizen oflreland, Congress did not intend for the SCA "to reach situations of this kind." Id. at 230. He explained that the case would be different "if the American government is demanding from an American company e-mails of an American citizen resident in the United States, which are accessible at the push of a button in Redmond, Washington." Id. 18