In re Search of Information Associated with Accounts Identified as [redacted]@ gmail.com

*1061 ORDER RE GOVERNMENT’S MOTION FOR AN ORDER TO COMPEL IMMEDIATE PRODUCTION OR REQUIRE GOOGLE, INC. TO SHOW CAUSE WHY GOOGLE, INC. SHOULD NOT BE HELD IN CONTEMPT (Dkt. 6)

I. INTRODUCTION

This case, presents the issue of whether Google, Inc. (“Google”) may refuse to produce information stored on foreign data servers responsive to a warrant issued pursuant to the Stored Communications Act (“SCA”), 18 U.S.C. § 2703 .

The Second Circuit, in the only appellate decision to date, ruled that Microsoft was not required to repatriate information stored on a server in Dublin, Ireland, because to do so would be an impermissible extraterritorial application of the SCA. In the Matter of a Warrant to Search a Certain E-Mail Account Controlled and Maintained by Microsoft Corp., 829 F.3d 197, 222 (2d Cir. 2016) (“Microsoft I”). On whether to grant rehearing, the en banc panel split four to four, denying rehearing en banc and leaving the panel opinion in place. 855 F.3d 53, 55 (2d Cir. 2017) (“Mi-. crosoft II”). Every Magistrate Judge decision since Microsoft, however, has either rejected’ the Microsoft I ruling and agreed with the four dissenting opinions in Microsoft II, and/or…