I emphasize these points to clarify that Microsoft’s argument is not that the government does not have sufficiently solid information, and sufficiently important interests, to justify invading the privacy of the customer whose emails are sought and acquiring records of the contents of those emails. Microsoft does not ask the Court to create, as a matter of constitutional law, stricter safeguards on the protection of those emails – and the Court does not do so. Rather, the sole issue involved is whether Microsoft can thwart the government’s otherwise justified demand for the emails at issue by the simple expedient of choosing – in its own discretion – to store them on a server in another country. That discretion raises another point about privacy. Under Microsoft’s and the Court’s interpretation of the SCA, the privacy of Microsoft’s customers’ emails is dependent not on the traditional constitutional safeguard of private communications – judicial oversight of the government’s conduct of criminal investigations – but rather on the business decisions of a private corporation. The contract between Microsoft and its customers does not limit the company’s freedom to store its customers’ emails wherever it chooses, and if Microsoft chooses, for whatever reasons of profit or cost control, to repatriate the emails at issue here to a server in United States, there will be no obstacle to the government’s obtaining them. As the Court points out, Microsoft does in fact choose to locate the records of anyone who says that he or she resides in the United States on domestic servers. It is only foreign customers, and those Americans who say that they reside abroad, who gain any enhanced protection from the Court’s holding. And that protection is not merely enhanced, it is absolute: the government can never obtain a warrant that would require Microsoft to turn over those emails, however certain it may be that they 4