In the Microsoft case, unlike that of Google, all the relevant user data of a presumably Irish citizen was located exclusively in one data center in Ireland and remained stable there for a significant period, Judge Rueter wrote.
The assumption made by the majority in the decision of the Second Circuit was that messages stored in the cloud have a discernable physical location, which could not be made in the Google case.
The judge held that under the warrants against Google, “the invasions of privacy will occur in the United States; the searches of the electronic data disclosed by Google pursuant to the warrants will occur in the United States when the FBI reviews the copies of the requested data in Pennsylvania.” He described the cases against Google as involving a “permissible domestic application of the SCA, even if other conduct (the electronic transfer of data) occurs abroad.”
Google said in a statement that the magistrate in the case had departed from precedent, and it planned to appeal the decision. "We will continue to push back on overbroad warrants," it added.
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