GERARD E. LYNCH, Circuit Judge, concurring in the judgment: I am in general agreement with the Court’s conclusion that, in light of the presumption against extraterritorial application of congressional enactments, the Stored Communications Act (“SCA” or the “Act”) should not, on the record made by the government below, be construed to require Microsoft to turn over records of the content of emails stored on servers in Ireland. I write separately to clarify what, in my view, is at stake and not at stake in this case; to explain why I believe that the government’s arguments are stronger than the Court’s opinion acknowledges; and to emphasize the need for congressional action to revise a badly outdated statute. I An undercurrent running through Microsoft’s and several of its amici’s briefing is the suggestion that this case involves a government threat to individual privacy. I do not believe that that is a fair characterization of the stakes in this dispute. To uphold the warrant here would not undermine basic values of privacy as defined in the Fourth Amendment and in the libertarian traditions of this country. As the majority correctly points out, the SCA presents a tiered set of requirements for government access to electronic communications and information relating to them. Although Congress adopted the Act in order to provide some privacy protections to such communications, see H.R. Rep. No. 99-647, at 21–23 (1986); S. Rep. No. 99-541, at 3 (1986), those requirements are in many ways less protective of privacy than many might think appropriate. See, e.g., United States v. Warshak, 631 F.3d 266, 288 (6th Cir. 2010) (holding that the SCA violates the Fourth Amendment to the extent that it allows government agents to obtain the contents of emails