scno.20-sc-3361 accountsservicedbygoogle
TRANSCRIPT
requesting that the Court issue an Order requiring Google LLC (“PROVIDER”), an electronic
communication and/or remote computing service provider located in MountainView, California,
to disclose the records and other informationdescribed in Attachment A to this Order. The Court
finds that the United States has offered specific and articulable facts showing that there are
reasonable grounds to believethat the recordsor other informationsought are relevant and material
to an ongoing criminal investigation. Furthermore, the Court determines that there is reason to
believe that notification of the existence of this Order will seriously jeopardize the ongoing
investigation, including by giving targets an opportunity to destroy or tamper with evidence. See
18 U.S.C. § 2705(b)(3) and(5).
within ten days of receipt of this Order, disclose to the United States the records and other
informationdescribed in Attachment A to this Order.
disclose the existence of the application of the United States or this Order of the Court to any other
Case 1:20-sc-03361-ZMF*SEALED* Document 2 Filed01/05/21 Page 1 of 5
UNITEDSTATESDISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
INREAPPLICATIONOF USAFOR2703(d)ORDERFORSIXEMAIL
ACCOUNTSSERVICEDBYGOOGLE
LLCFORINVESTIGATIONOF
VIOLATIONOF 18U.S.C.
SCNo.20-sc-3361
FiledUnder Seal
ORDER
The United States has submitted an Application pursuant to 18 U.S.C. § 2703(d),
IT IS THEREFORE ORDERED,pursuant to 18 U.S.C.§ 2703(d), that PROVIDERshall,
IT IS FURTHERORDERED,pursuant to 18 U.S.C. § 2705(b),that PROVIDERshall not
person (except attorneys for PROVIDERfor the purpose of receiving legal advice) for a period of
Case 1 20- -03361- * SEALED* Document2 Filed 01/05/21 Page 2 of 5
one year ( commencing on the date of this Order ), unless the period of nondisclosure is later
modifiedby the Court.
IT IS FURTHERORDEREDthat the ApplicationandthisOrderare sealeduntilotherwise
ordered by the Court, except that the United States may disclosethe existence and/or contentsof
the Application and this Order to appropriate law enforcement authorities.
2020.12.30
21:53:44 'Date: DISTRICTOF
UNITED STATES MAGISTRATEJUDGE
2
Case 1 :20- 03361- * SEALED* Document2 Filed 01/05/21 Page 3 of 5
ATTACHMENT A
The Account(s)
The Order applies to certain records and other information for any Google LLC
( “ PROVIDER ) account(s) associatedwith the followingidentifier( )
@nytimes.com(TARGET ACCOUNT 1) ;
@ nytimes.com (TARGET ACCOUNT 2) ;
@ nytimes.com (TARGET ACCOUNT 3 );
@ nytimes.com(TARGET ACCOUNT 4);
@ nytimes.com (TARGET ACCOUNT 5 );
@ nytimes.com (TARGET ACCOUNT 6) ;
and any preserved data and/or preservation numbers associated therewith .
II. Recordsandotherinformationto be disclosed
A. Informationabout the customeror subscriberofthe Account(s)
PROVIDERis required to disclose to the UnitedStates the followingrecords and other
information, if available, for each account or identifier listed in Part of this Attachment (the
“ Account(s) ” ) constitutinginformationaboutthe customeror subscriberofthe Account( s) for the
time period from January 14, 2017, through April 30, 2017:
1. Names including subscriber names,user names, andscreen names);
2. Addresses ( including mailing addresses, residential addresses , business addresses , andemailaddresses);
3. Localand longdistancetelephoneconnectionrecords;
4. Records of session times and durations, and the temporarily assigned network
addresses(such as InternetProtocol( IP ) addresses) associatedwith those sessions;
Case 1 :20- -03361- * SEALED* Document2 Filed 01/05/21 Page 4 of 5
5. Length of service ( including start date ) and types of service utilized;
6. The identity of any cookies associated with each account ;
7. Telephone or instrument numbers (including MAC addresses) Electronic Serial
Numbers (“ ESN ), Mobile Electronic Identity Numbers (“ MEIN ” ), Mobile EquipmentIdentifier ( “MEID ” ) Mobile Identification Numbers (“MIN ” ), Subscriber Identity
Modules (“ SIM ” ), Mobile Subscriber Integrated Services Digital Network Number
(“MSISDN , International Mobile Subscriber Identifiers ( “ IMSI” ), or International
Mobile Equipment Identities (“ IMEI” ) associated with the accounts;
8. Othersubscribernumbersor identities(includingthe registrationIP address), includingany current or past accounts linkedto the Account(s) by telephonenumber, recovery
or alternatee-mailaddress, IP address, or other uniquedevice or user identifier; and
9. Means and source of payment for such service (including any credit card or bank
account number) and billingrecords.
10. A statementas to whetherthe Account(s) or any devices associatedwiththe Account(s)
had location services or GPS activated or enabled and if so , whether PROVIDER does
or does not have geolocation available for the Account (s) or any devices
associated with the Account (s) for the time period from January 14, 2017 through April30, 2017
B. All records and other information relating to the Account(s) (except the contents of
communications )
PROVIDERis required to disclose to the UnitedStates the followingrecords and other
information, ifavailable, for the Account(s) for the time period from January 14, 2017, through
April 30, 2017, constituting all records and other information relating to the Account(s) (except
the contentsofcommunications), including:
1. Records of user activity for each connection made to or from the Account (s), including
log files; messaging logs ; the date, time, length , and method of connections ; datatransfer volume ; user names and source and destination Internet Protocol addresses ;
2. Informationabout each electroniccommunicationsent or receivedby the Account(s) ,
including the date and time of the communication, the methodof communication , and
2
Case 1 :20- 03361-ZME *SEALED* Document 2 Filed 01/05/21 Page 5 of 5
the source and destination of the communication (such as source and destination email
addresses , IP addresses , and telephone numbers), and any other associated header or
routing information ; and
3. Identification of any PROVIDER account(s ) that are linked to the Account(s ) by
cookies, includingallPROVIDERuser IDs that loggedinto PROVIDER'sservices bythe same machineas the Account(s ).
4. Identificationofany forwarding email services used to or from the Account, includingthe header identification and metadata information associated with communications
forwarded to PROVIDER Accounts from other email accounts or forwarding services .
5. Identification ofall services and features activated on the Account ( s ), including use of
Google Drive and related features.
A. Definitions:
1. As used herein, “unique device or user identifier ” refers to any unique number or set of
characters stored or generated by Google that may be used to identify or track users or
devices, including but not limited to cookies, unique application number, universally
unique identifier or “ UUID , ” globally unique identifier or “GUID ” Advertising ID,Android ID, MAC address, IMEI number, MEID number, and electronic serial number
or ”
2. As used herein , “ cookies” refers to any cookie technology used by Google, including
cookies related to user preferences (such as NID), security cookies , process cookies,
cookies used for advertising (such as NID, SID, IDE, DSID, FLC, AID, TAID , andexchange_uid ) cookies linking activity across devices (such as AID and TAID),session state cookies, and cookies pertaining to Google Analytics .
3
Case 1 :20- 03361-ZME * SEALED* Document 3 02/25/21 Page 1 of 3
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
SC No.20- - 3361
INRE APPLICATION OF USA FOR
2703(d ) ORDER FOR SIX EMAILACCOUNTS SERVICED BY GOOGLEFOR INVESTIGATION OF VIOLATION
OF 18 U.S.C.
FiledUnderSeal
MOTION TO MODIFY ORDER
The United States of America , moving by and through its undersigned counsel, respectfully
submitsunder seal thisex partemotionto modifythe nondisclosureprovisioninthe Order inthis
matter.
On January 5 , 2021, this Court issued an Order pursuant to 18 U.S.C. 2703(d) , that
included a nondisclosure provision that forbade Google LLC ( “Google” ), the Provider from
providing notice of the legal process to any person “ except attorneys for PROVIDER for the
purpose of receiving legal advice. ” That Order was promptly served on Google on the same day.
Google did not respond to the filing, and the Order was resubmittedto Google on February 3 ,
2021. Google has since responded through outside legal counsel and indicated that Google will
not comply with the Orderbecause the accounts are “ enterprise clients ” ( i.e., corporate clients who
use Google email services) . In undersigned's discussions with Google's counsel Google has
confirmedit has recordsresponsiveto the Order, and they wouldwithdraw their own objections
to the production of material if the United States would obtain permission of the Court to : ( 1)
modifythe nondisclosureprovisionso that Googlecould share the Orderwiththe DeputyGeneral
Counsel for the New York Times, and (2 ) provide that Google not produce
1inGoogle is represented by
Washington, D.C.
Case 1 :20- 03361- * SEALED* Document3 02/25/21 Page 2 of 3
materialresponsiveto the Order for 14 days aftersuchdisclosureis made to
While the United States takes issue with Google's legal position, in an effort to expedite
any litigation of the Order, the United States is amenable to a limited modification of the
nondisclosure provision for Google to providenotice solely to and for the extension
of time. A draft proposed Order is attached to this motion.
This matter is alreadyunder seal, and the UnitedStates further requeststhat this Motion
and proposed Order be filed under seal . The Court has the inherent power to seal court filings
whenappropriate, includingthe proposedOrder. UnitedStates v. Hubbard, 650 F.2d293, 315-16
(D.C. Cir. 1980) (citing Nixon v. Warner , Inc., 435 U.S. 589 598 ( 1978)) More
particularly, the Court may seal the materials to prevent serious jeopardy to an
investigation when such jeopardy creates a compelling governmental interest in confidentiality .
See WashingtonPost v Robinson, 935 F.2d282, 287-89 (D.C. Cir. 1991). For the reasonsstated
previously, the United States has a compelling interest in confidentiality to justify continued
sealingof the motionand proposedOrder.
2
Case 1 :20- 03361-ZME * SEALED* Document 3 02/25/21 Page 3 of 3
CONCLUSION
Based on the foregoing, the United States requests that the Court grant the proposed Order.
Respectfully submitted ,
MICHAEL R. SHERWIN
Acting United States Attorney
AssistantUnited States Attorney
3
Case 1 :20- -03361- * SEALED* Document3-1 Filed 02/25/21 Page 1 of 1
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
SC No. 20- - 3361
INRE APPLICATION OF USA FOR
2703(d ) ORDER FOR SIX EMAILACCOUNTS SERVICED BY GOOGLE
LLC FOR INVESTIGATION OF
VIOLATION OF 18 U.S.C.Filed Under Seal
ORDER
Uponconsiderationof the Government'sex parteMotionto Modify Order in this matter,
the Court agreesto providethe reliefrequested.
IT IS THEREFORE ORDERED , that the United States serve this Order onto Goolge LLC
( “Google” ), and that Google may disclose the existence and substance of this Order and the
January 5 , 2021 Order to DeputyGeneral Counselfor the NewYork Times, but
that Google, its counsel, and may not share the existence or substance of either of
theseOrderswith any otherpersonwithoutfurtherapprovalfromthisCourt(untilJanuary5, 2022,
unless later modifiedby the Court).
IT IS FURTHER ORDERED that Google shall promptly provide the Government with all
recordsresponsiveto this Court'sJanuary 5 , 2021OrderbyMarch 11, 2021.
AND IT IS FURTHER ORDERED the Government's Motion to Modify Order and this
Order be sealed until otherwise ordered by the Court, except that the United States may disclose
the existenceand/or contentsof this Orderto appropriatelaw enforcementauthorities.
Date :
UNITEDSTATESMAGISTRATEJUDGE
Case 1 :20- 03361-ZME *SEALED* Document 4 Filed 03/03/21 Page 1 of 1
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
SC No.20- - 3361
INRE APPLICATION OF USA FOR
2703(d ) ORDER FOR SIX EMAILACCOUNTS SERVICED BY GOOGLELLC FOR INVESTIGATION OF
VIOLATION OF 18 U.S.C.Filed Under Seal
ORDER
Upon consideration of the Government's ex parte Motionto Modify Order in this matter,
the Court agreesto providethe reliefrequested.
IT IS THEREFORE ORDERED , that the United States serve this Order onto Goolge LLC
(“Google ” ) and that Google may disclose the existence and substance of this Order and the
January 5 , 2021 Order to Deputy General Counsel for the New York Times, but
that Google, its counsel , and may not share the existence or substance of either of
these Orderswith any otherpersonwithoutfurther approvalfromthisCourt(untilJanuary5, 2022,
unless later modified by the Court ).
IT IS FURTHERORDERED that Google shall promptly provide the Government with all
records responsive to this Court's January 5 , 2021 Order by March 11, 2021.
AND IT IS FURTHERORDEREDthe Government'sMotionto ModifyOrder and this
Order be sealeduntilotherwiseorderedby the Court, except that the UnitedStates may disclose
the existenceand/or contentsofthis Orderto appropriatelaw enforcementauthorities.&
2021.03.02
17:49:40 'Date:
DISTRICTOF
UNITEDSTATESMAGISTRATEJUDGE
submits under seal this second ex parte Motion to Modify the nondisclosure provision in the Order
in this matter.
included a nondisclosure provision that forbade Google LLC (“Google”), the Provider, from
providing notice of the legal process to any person “except attorneys for PROVIDER for the
purpose of receiving legal advice.” That Order was promptly served on Google. After consulting
with Google, the United States moved to modify the nondisclosure order. On March 3, 2021, this
Court granted the motion and permitted Google to share the Order with the Deputy General
Counsel for the New York Times, and extended the period for Google’s
production of records to March 11, 2021. The United States has since spoken to
who requested that: (1) the nondisclosure be further modified so that can notify his
supervisor, General Counsel for the New York Times and outside counsel,
that the production of records date for Google be extended 21 days from the execution of the
modified nondisclosure order.
INREAPPLICATIONOF USAFOR2703(d)ORDERFORSIXEMAIL
ACCOUNTSSERVICEDBYGOOGLE
FORINVESTIGATIONOF VIOLATION
OF 18U.S.C.§§
Case 1:20-sc-03361-ZMF*SEALED* Document 5 Filed03/05/21 Page 1 of 2
The UnitedStates of America,movingby and through its undersignedcounsel,respectfully
On January 5, 2021, this Court issued an Order pursuant to 18 U.S.C. § 2703(d), that
Without conceding any legal position, the United States is amenable to a limited
SECOND MOTIONTO MODIFY ORDER
UNITEDSTATESDISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
SCNo.20-sc-3361
FiledUnder Seal
of the aw firm, (2) and
modificationof the nondisclosure provision to provide notice solely to the above persons (and any
other yet-to-be identified legal staff at who are assigned to this matter) and for the
extension of time. A draft proposed Order is attached to this motion.
and proposed Order be filed under seal. The Court has the inherent power to seal court filings
when appropriate, including the proposed Order. UnitedStates v. Hubbard,650 F.2d 293, 315-16
(D.C. Cir. 1980) (citing Nixon v. Warner Commn’ns, Inc., 435 U.S. 589, 598 (1978)). More
particularly, the Court may seal the materials to prevent serious jeopardy to an
investigation when such jeopardy creates a compelling governmental interest in confidentiality.
See Washington Post v. Robinson,935 F.2d 282, 287-89 (D.C. Cir. 1991). For the reasons stated
previously, the United States has a compelling interest in confidentiality to justify continued
sealing of the motion and proposed Order.
Case 1:20-sc-03361-ZMF*SEALED* Document 5 Filed03/05/21 Page 2 of 2
Based on the foregoing, the United States requests that the Court grant the proposed Order.
This matter is already under seal, and the United States further requests that this Motion
CONCLUSION
Respectfully submitted,
CHANNING D.PHILLIPS
Acting United States Attorney
2
matter, the Court agrees to provide the relief requested.
(“Google”), and that the United States, Esq., and Google may disclose the
existence and substance of this Order, and this Court’s Orders of January 5, 2021 and March 3,
2021in this matter, to (1) the General Counsel for the New York Times and (2)
its outside counsel, of the
to the matter), but that none of these persons may share the existence or substance of any of these
Orders with any other person without further approval from this Court (until January 5, 2022,
unless later modified by the Court).
and that Google shall promptly provide the Government with all recordsresponsive to this Court’s
Case 1:20-sc-03361-ZMF*SEALED* Document 5-1 Filed03/05/21 Page 1 of 2
UNITEDSTATESDISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
INREAPPLICATIONOF USAFOR2703(d)ORDERFORSIXEMAIL
ACCOUNTSSERVICEDBYGOOGLE
LLCFORINVESTIGATIONOF
VIOLATIONOF 18U.S.C.§§
SCNo.20-sc-3361
FiledUnder Seal
ORDER
Upon consideration of the Government’s ex parte Second Motion to Modify Order in this
IT IS THEREFORE ORDERED, that the United States serve this Order onto Google LLC
law firm (and any yet-to-be identified firm attorneysor legal staff at assigned
IT ISFURTHERORDEREDthat this Court’sMarch3, 2021Order is herebyMODIFIED,
January 5, 2021Order within 21days of this Order.
Order be sealed until otherwise ordered by the Court, except that the United States may disclose
the existence and/or contents of this Order to appropriate law enforcement authorities.
Case 1:20-sc-03361-ZMF*SEALED* Document 5-1 Filed03/05/21 Page 2 of 2
AND IT IS FURTHER ORDERED the Government’s Motion to Modify Order and this
Date: ___________________________________
UNITED STATES MAGISTRATE JUDGE
2
matter, the Court agrees to provide the relief requested.
(“Google”), and that the United States, Esq., and Google may disclose the
existence and substance of this Order, and this Court’s Orders of January 5, 2021 and March 3,
2021in this matter, to (1) the General Counsel for the New YorN Times, nd (2)
its outside counsel, of the
to the matter), but that none of these persons may share the existence or substance of any of these
Orders with any other person without further approval from this Court (until January 5, 2022,
unless later modified by the Court).
and that Google shall promptly provide the Government with all recordsresponsive to this Court’s
Case 1:20-sc-03361-ZMF*SEALED* Document 6 Filed03/08/21 Page 1 of 2
UNITEDSTATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
INREAPPLICATIONOF USAFOR2703(d)ORDERFORSIXEMAIL
ACCOUNTSSERVICEDBYGOOGLE
LLCFORINVESTIGATIONOF
VIOLATIONOF 18U.S.C.§§
SCNo.20-sc-3361
FiledUnder Seal
ORDER
Upon consideration of the Government’s ex parte Second Motion to Modify Order in this
IT IS THEREFORE ORDERED, that the UnitedStates serve this Order onto Google LLC
law firm (and any yet-to-be identified firm attorneysor legal staff a assigned
IT ISFURTHERORDEREDthat this Court’sMarch3, 2021Order is herebyMODIFIED,
January 5, 2021Order within 21days of this Order.
Case 1 20- -03361- * SEALED* Document6 Filed 03/08/21 Page 2 of 2
AND IT IS FURTHERORDEREDthe Government'sMotionto ModifyOrder and this
Order be sealed until otherwise ordered by the Court, except that the United States may disclose
the existenceand/ or contentsofthis Orderto appropriatelaw enforcementauthorities.
2021.03.05
17:25:19-05'00'UNITEDSTATESMAGISTRATEJUDGE
Date:
2
Case 1 :20- 03361-ZME * SEALED* Document 7 Filed 03/18/21 Page 1 of 3
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
SC No.20- - 3361
INRE APPLICATION OF USA FOR
2703(d ) ORDER FOR SIX EMAILACCOUNTS SERVICED BY GOOGLEFOR INVESTIGATION OF VIOLATION
OF 18 U.S.C.
FiledUnderSeal
THIRDMOTION TO MODIFYORDER
The United States of America , moving by and through its undersigned counsel, respectfully
submitsunder seal this secondexparteMotionto Modifythe nondisclosureprovisionin the Order
in this matter.
On January 5 , 2021, this Court issued an Order pursuant to 18 U.S.C. 2703(d) , that
included a nondisclosure provision that forbade Google LLC ( “Google” ), the Provider from
providing notice of the legal process to any person “ except attorneys for PROVIDER for the
purpose of receiving legal advice.” That Order was promptly served on Google. After consulting
with Google, the UnitedStates movedto modifythe nondisclosureorder. OnMarch3 , 2021, this
Court grantedthe motionandpermittedGoogleto share the Orderwith the Deputy
General Counsel of The New York Times, and extended the period for Google's production of
records to March 11, 2021 . requestedthat: ( 1 the nondisclosurebe furthermodified
so tha could notify his supervisor GeneralCounselofTheNewYork
Times , and outside counsel,
law firm ; (2) and that the productionof records date for Google be extended 21 days from the
executionof the modifiednondisclosure order. The United States accommodated that request and
movedthis Court to modify the Order a second time. The Court granted the motion on March 8,
2021.
Case 1 :20- 03361-ZME * SEALED* Document 7 Filed 03/18/21 Page 2 of 3
The United States has since consulted with who have
further requested that the nondisclosure provision be modified so they can consult with the
Publisher and Chairman of the New York Times Company, nd President and
Chief Executive Officer of the New York Times Company,
Without conceding any legal position, the United States is amenable to a limited
modification of the nondisclosure provision to providenotice solely to the above persons. A draft
proposed Order is attached to this motion.
This matter is already under seal, and the United States further requests that this Motion
and proposed Order be filed under seal . The Court has the inherent power to seal court filings
when appropriate , including the proposed Order . United States v. Hubbard , 650 F.2d 293 , 315-16
(D.C. Cir. 1980) (citing Nixon v. Warner Inc., 435 U.S. 589, 598 ( 1978)) . More
particularly, the Court may seal the materialsto prevent serious jeopardy to an
investigationwhen suchjeopardy creates a compellinggovernmentalinterest in confidentiality.
See WashingtonPost v. Robinson, 935 F.2d282, 287-89 (D.C. Cir. 1991). For the reasonsstated
previously , the United States has a compelling interest in confidentiality to justify continued
sealingof the motionand proposedOrder.
2
Case 1 :20- 03361-ZME * SEALED* Document 7 Filed 03/18/21 Page 3 of 3
CONCLUSION
Based on the foregoing, the United States requests that the Court grant the proposed Order.
Respectfullysubmitted,
CHANNING D. PHILLIPS
Acting United States Attorney
AssistantUnited States Attorney
3
Case 1 :20- -03361- * SEALED* Document7-1 Filed 03/18/21 Page 1 of 1
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
SC No. 20- - 3361
INRE APPLICATION OF USA FOR
2703(d ) ORDER FOR SIX EMAILACCOUNTS SERVICED BY GOOGLE
LLC FOR INVESTIGATION OF
VIOLATION OF 18 U.S.C.Filed Under Seal
ORDER
Uponconsiderationof the Government'sex parte ThirdMotionto ModifyOrder in this
matter, the Court agrees to providethe reliefrequested.
IT IS THEREFORE ORDERED , that the United States serve this Order onto Google LLC
( “ Google ), and that the United States, and Google may disclose the
existence and substance of this Order, and this Court's Orders of January 5 , 2021, March 3 , 2021,
and March 8, 2021 in this matter, to the Publisher and Chairman of theNew York Times Company,
and President and Chief Executive Officer of the New York Times Company,
but that neither of these persons may share the existence or substance of
any of these Orders with any other person (except previously identified legal counsel) without
furtherapproval fromthis Court, untilJanuary 5 , 2022, unless later modifiedby the Court.
AND IT ISFURTHERORDEREDthe Government'sThirdMotionto ModifyOrderand
this Order be sealed until otherwise ordered by the Court, except that the United States may
disclosethe existenceand/or contentsofthis Order to appropriatelaw enforcementauthorities.
Date :
UNITEDSTATESMAGISTRATEJUDGE
Case 1 :20- 03361-ZME *SEALED* Document 8 Filed 03/22/21 Page 1 of 1
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
SC No.20- - 3361
INRE APPLICATION OF USA FOR
2703(d ) ORDER FOR SIX EMAILACCOUNTS SERVICED BY GOOGLE
LLC FOR INVESTIGATION OF
VIOLATION OF 18 U.S.C.Filed Under Seal
ORDER
Uponconsiderationof the Government'sex parte Third Motionto ModifyOrder in this
matter, the Court agrees to providethe reliefrequested.
IT IS THEREFORE ORDERED , that the United States serve this Order onto Google LLC
( “Google” ), and that the United States, and Google may disclose the
existenceand substanceofthis Order, and this Court's ofJanuary 5 , 2021, March3 , 2021,
andMarch8 2021in matter, to the Publisherand ChairmanoftheNewYorkTimesCompany,
andPresi ent and Chief Executive Officer of the New York Times Company,
but that neither of these persons may share the existence or substance of
any of these Orders with any other person (except previously identified legal counsel) without
further approval from this Court, untilJanuary 5 , 2022, unless later modifiedby the Court.
AND IT ISFURTHERORDEREDthe Government'sThirdMotionto ModifyOrderand
this Order be sealed until otherwise ordered by the Court, except that the United States may
disclosethe existence /or contentsofthis Order to appropriatelaw enforcementauthorities.
2021.03.19
14:47:50 -04'00'
UNITED STATES MAGISTRATE JUDGEDate:
Case 1 :20- 03361-ZME * SEALED* Document 9 Filed 03/25/21 Page 1 of 3
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
SC No.20- - 3361
INRE APPLICATION OF USA FOR
2703(d ) ORDER FOR SIX EMAILACCOUNTS SERVICED BY GOOGLE
FOR INVESTIGATION OF VIOLATION
OF 18 U.S.C.
FiledUnderSeal
FOURTHMOTIONTO MODIFYORDER
The United States of America , moving by and through its undersigned counsel, respectfully
submitsunder seal this secondexparteMotionto Modifythe nondisclosureprovisionin the Order
in this matter.
On January 5 , 2021, this Court issued an Order pursuant to 18 U.S.C. 2703(d) , that
included a nondisclosure provision that forbade Google LLC ( “Google” ), the Provider from
providing notice of the legal process to any person “ except attorneys for PROVIDER for the
purpose of receiving legal advice.” That Order was promptly served on Google. After consulting
with Google, the UnitedStates movedto modifythe nondisclosureorder. OnMarch3 , 2021, this
Court grantedthe motionandpermittedGoogleto share the Orderwith he Deputy
General Counsel of The New York Times, and extended the period for Google's production of
records to March 11, 2021 . equestedthat: ( 1) the nondisclosurebe furthermodified
so that could notify his supervisor, GeneralCounselofThe New York
Times , and outside counsel ,
law firm ; (2) and that the productionof records date for Google be extended 21 days from the
executionof the modifiednondisclosure order. The United States accommodated that request and
movedthis Court to modify the Order a secondtime. The Court grantedthe motionon March8,
2021. After further discussion with the States agreedto
Case 1 :20- 03361- * SEALED* Document9 Filed 03/25/21 Page 2 of 3
ask this Court for leave to amend the nondisclosureprovisionso they could consult with
and The UnitedStates sought suchrelieffromthe Court, and
this Court modified the Order a third time on March 22, 2021.
Since that time, counsel for the NewYork Times has furtherrequestedthat UnitedStates
seek an extensionof time of two additionalweeks for Google to produce the orderedrecords so
that counselcan consultwith their client, and to negotiatefurtherwith the UnitedStates about the
2703 d ) Order.
Without conceding any legal position, the United States is amenable to a limited
modification of this Court's March 8, 2021 Order, and to extend the deadline for Google's
production of the requested material until April 12, 2021. A draft proposed Order is attached to
this motion.
This matter is already under seal, and the United States further requests that this Motion
and proposed Order be filed under seal. The Court has the inherent power to seal court filings
when appropriate, including the proposedOrder. UnitedStates v. Hubbard, 650 F.2d293, 315-16
(D.C. Cir. 1980) (citing Nixon v. Warner Inc., 435 U.S. 589, 598 ( 1978) . More
particularly, the Court may seal the materials to prevent serious jeopardy to an
investigation when such jeopardy creates a compelling governmental interest in confidentiality.
See Washington Post v . Robinson, 935 F.2d 282, 287-89 (D.C. Cir. 1991) . For the reasons stated
previously, the United States has a compellinginterest in confidentiality to justify continued
sealingof the motionand proposedOrder.
2
Case 1 :20- 03361-ZME * SEALED* Document 9 Filed 03/25/21 Page 3 of 3
CONCLUSION
Based on the foregoing, the United States requests that the Court grant the proposed Order.
Respectfully submitted,
CHANNING D. PHILLIPS
Acting United States Attorney
3
Case 1 :20- -03361- * SEALED* Document9-1 Filed 03/25/21 Page 1 of 1
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
SC No. 20- - 3361
INRE APPLICATION OF USA FOR
2703(d ) ORDER FOR SIX EMAILACCOUNTS SERVICED BY GOOGLELLC FOR INVESTIGATION OF
VIOLATION OF 18 U.S.C.Filed Under Seal
ORDER
Uponconsiderationof the Government'sex parte FourthMotionto ModifyOrder in this
matter, the Court agrees to providethe reliefrequested.
IT IS THEREFOREORDERED, that this Court's March8, 2021 Order in this matter is
MODIFIED, and that Google LLC (“Google” ) shall produce to the UnitedStates all responsive
recordsto this Court'sJanuary 5 , 2021Order by April 12, 2021.
ANDIT IS FURTHERORDEREDthe Government'sFourthMotionto ModifyOrder and
this Order be sealed until otherwise ordered by the Court, except that the United States may
disclosethe existenceand/or contentsofthis Order to appropriatelaw enforcementauthorities.
Date:
UNITED STATES MAGISTRATEJUDGE
Case 1 : - -03361-ZME *SEALED* Document 10 Filed 03/29/21 Page 1 of 1
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
SC No.20- - 3361
INRE APPLICATION OF USA FOR
2703(d ) ORDER FOR SIX EMAILACCOUNTS SERVICED BY GOOGLE
LLC FOR INVESTIGATION OF
VIOLATION OF 18 U.S.C.Filed Under Seal
ORDER
Uponconsiderationof the Government'sex parte FourthMotionto ModifyOrder in this
matter, the Court agrees to providethe reliefrequested.
IT IS THEREFORE ORDERED, that this Court's March 8 , 2021 Order in this matter is
MODIFIED, and that Google LLC (“Google” ) shall produce to the United States all responsive
recordsto this Court'sJanuary 5 , 2021Order by April 12, 2021.
ANDITISFURTHERORDEREDthe Government'sFourthMotionto ModifyOrderand
this Order be sealed until otherwise ordered by the Court, except that the United States may
disclosethe existenceand/or contentsofthis Order to appropriatelaw enforcementauthorities.
2021.03.26
17:05:55 -04'00 '
UNITED STATES MAGISTRATE JUDGEDate:
Case 1 :20- -03361- *SEALED* Document 11 Filed 04/09/21 Page 1 of 3
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
SC No.20- -3361
INRE APPLICATION OF USA FOR
2703( d) ORDER FOR SIX EMAILACCOUNTS SERVICED BY GOOGLE
FOR INVESTIGATION OF VIOLATION
OF 18 U.S.C.
FiledUnderSeal
FIFTHMOTIONTO MODIFY ORDER
The United States ofAmerica, moving by and through its undersigned counsel, respectfully
submitsunder seal this fifth ex parteMotionto Modifythe nondisclosureprovisioninthe Order
in this matter.
On January 5, 2021, this Court issued an Order pursuant to 18 U.S.C. 2703 (d), that
included a nondisclosure provision that forbade Google LLC ( “Google” ) the Provider, from
providing notice of the legal process to any person “ except attorneys for PROVIDER for the
purpose of receiving legal advice.” That Order was promptly served on Google. After consulting
with Google, the United States movedto modify the nondisclosure order. On March 3 , 2021, this
Court grantedthe motionandpermittedGoogleto share the Orderwith the Deputy
General Counsel of The New York Times, and extended the period for Google's production of
records to March 11, 2021. requestedthat: ( 1) the nondisclosurebe furthermodified
so that Mr. McCraw could notify his supervisor GeneralCounselofThe New York
Times, and outside counsel,
law firm ; (2) and that the productionof records date for Googlebe extended 21 days from the
executionof the modifiednondisclosure order. The United States accommodated that request and
movedthis Court to modify the Order a secondtime. The Court grantedthe motionon March8,
2021. After further discussionwith the UnitedStates agreedto
Case 1 :20- -03361-ZME * SEALED* Document11 Filed04/09/21 Page2 of 3
ask this Court for leave to amend the nondisclosureprovisionso they could consult with
The UnitedStates sought such relieffrom the Court, and
this Court modified the Order a third time on March22, 2021. Those discussions continued and
the parties again ( for a third time) requested additional time untilApril 12, 2021, which this Court
granted
Since that time , counsel for the New York Times has briefed more senior members of the
Department ofJustice and further requested that United States seek an extension of time of five
additionalweeks for Google to producethe orderedrecordsso that counsel cannegotiatefurther
with the United States aboutthe 2703 d) Order.
Without conceding any legal position, the United States is amenable to additional extension
of the deadline for Google's production of the requested material until May 17, 2021. A draft
proposed Order is attached to this motion.
This matter is already under seal, and the UnitedStates further requeststhat this Motion
and proposed Order be filed under seal The Court has the inherent power to seal court filings
when appropriate , including the proposed Order . United States v. Hubbard , 650 F.2d 293 , 315-16
(D.C. Cir. 1980) (citing Nixon v Warner Inc., 435 U.S. 589, 598 ( 1978)) More
particularly, the Court may seal the materials to prevent serious jeopardy to an
investigation when such jeopardy creates a compelling governmental interest in confidentiality .
See WashingtonPostv. Robinson, 935 F.2d282, 287-89 (D.C.Cir. 1991). Forthe reasons stated
previously, the United States has a compelling interest in confidentiality to justify continued
sealingof the motionand proposedOrder.
2
Case 1 :20- -03361- *SEALED* Document 11 Filed 04/09/21 Page 3 of 3
CONCLUSION
Based on the foregoing, the United States requests that the Court grant the proposed Order.
Respectfully submitted,
CHANNING D. PHILLIPS
Acting United States Attorney
AssistantUnitedStates Attorney
3
Case 1 : 20- -03361-ZME *SEALED* Document 11-1 Filed 04/09/21 Page 1 of 1
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
SC No.20- -3361
IN RE APPLICATION OF USA FOR
2703( d) ORDER FOR SIX EMAILACCOUNTS SERVICED BY GOOGLE
LLC FOR INVESTIGATION OF
VIOLATION OF 18 U.S.C.Filed UnderSeal
ORDER
Upon consideration of the Government's ex parte Fifth Motion to Modify Order in this
matter, the Court agrees to providethe reliefrequested.
IT IS THEREFORE ORDERED , that this Court's March 8 , 2021 and March 29 2021
Orders in this matter are MODIFIED and that Google LLC ( “Google”) shall produce to the United
States all responsive records to this Court's January 5 , 2021 Order by May 17, 2021.
AND IT IS FURTHER ORDERED the Government's Fifth Motion to Modify Order and
this Order be sealed until otherwise ordered by the Court, except that the United States may
disclose the existence and/ or contents of this Order to appropriate law enforcement authorities.
Date:
UNITEDSTATESMAGISTRATEJUDGE
Case 1 :20- -03361-ZME *SEALED* Document 12 Filed 04/12/21 Page 1 of 1
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
SC No. 20- -3361
INRE APPLICATION OF USA FOR
2703 (d ) ORDER FOR SIX EMAILACCOUNTS SERVICED BY GOOGLE
LLC FOR INVESTIGATIONOF
VIOLATION OF 18 U.S.C.Filed Under Seal
ORDER
Upon consideration of the Government's ex parte Fifth Motion to Modify Order in this
matter, the Court agrees to providethe reliefrequested.
IT IS THEREFORE ORDERED , that this Court's March 8 , 2021 and March 29 2021
Orders in this matter are MODIFIED and that Google LLC ( “Google” ) shall produce to the United
States all responsiverecordsto this Court’sJanuary 5 , 2021Order by May 17, 2021.
AND IT IS FURTHER ORDERED the Government's Fifth Motion to Modify Order and
this Order be sealed until otherwise ordered by the Court, except that the United States may
disclosethe existenceand/or contentsofthis Orderto appropriatelaw enforcementauthorities.
Digitally signed by
Holly B. Fitzsimmons
Date: 2021.04.12
10:35:30 -04'00'UNITED STATES MAGISTRATE JUDGE
Case 1 :20- -03361- *SEALED* Document 13 Filed 05/10/21 Page 1 of 4
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
SC No.20- - 3361
INRE APPLICATION OF USA FOR2703(d ) ORDERFOR SIX EMAILACCOUNTS SERVICED BY GOOGLEFORINVESTIGATIONOF VIOLATION
OF 18 U.S.C.88
FiledUnderSeal
SIXTH MOTION TO MODIFY ORDER
The United States of America , moving by and through its undersigned counsel, respectfully
submitsunder seal this SixthexparteMotionto Modifythe nondisclosureprovisionin the Order
in this matter.
On January 5 , 2021, this Court issued an Order pursuant to 18 U.S.C. 2703 d), that
included a nondisclosure provision that forbade Google LLC ( Google” ) the Provider, from
providing notice of the legal process to any person “ except attorneys for PROVIDER for the
purpose of receiving legal advice.” That Order was promptly served on Google. After consulting
with Google, the UnitedStates movedto modifythe nondisclosureorder. OnMarch3 , 2021, this
Court grantedthe motionand permittedGoogleto share the Orderwith the Deputy
General Counsel of The New York Times, and extended the period for Google's production of
records to 11, 2021. requestedthat : ( 1) the nondisclosure be further modified
so that Mr. McCraw could notify his supervisor, General Counselof TheNew York
Times , and outside counsel ,
law firm ; (2) and that the productionof records date for Googlebe extended 21 days from the
executionof the modifiednondisclosure order. The United States accommodated that request and
movedthis Court to modify the Order a secondtime. The Court grantedthe motionon March8,
2021. After further discussionwith the United States agreedto
Case 1 :20- 03361- * SEALED* Document13 Filed05/10/21 Page2 of 4
ask this Court for leave to amend the nondisclosureprovisionso they could consult with
and The United States sought suchrelieffromthe Court, and
this Court modified the Order a third time on March 22 , 2021. Those discussions have continued
and the parties again requestedadditionaltime on severaloccasion, the last ofwhichwas April
12, 2021, which this Court grantedleave of timeuntilMay 17, 2021.
Sincethat time, counselfor the NewYorkTimes has requestedfurtherconsiderationofits
position, and the United States has agreed to seek an additionalextensionof time of four additional
weeks(untilJune 17, 2021) for Googleto producethe orderedrecordsso that counselcannegotiate
furtherwiththe UnitedStates about the 2703(d) Order. A draftproposedOrderis to this
motion
This matter is alreadyunder seal, and the UnitedStates further requeststhat this Motion
and proposedOrder be filed under seal. The Court has the inherent power to seal court filings
when appropriate, including the proposedOrder. UnitedStates v. Hubbard, 650 F.2d293, 315-16
(D.C. Cir. 1980) (citing Nixon v. Warner , Inc., 435 U.S. 589 598 ( 1978)) More
particularly, the Court may seal the materials to prevent serious jeopardy to an
investigation when such jeopardy creates a compelling governmental interest in confidentiality.
See WashingtonPost v Robinson, F.2d282, 287-89 (D.C.Cir. 1991). Forthe reasonsstated
previously, the United States has a compellinginterest in confidentiality to justify continued
sealingof the motionand proposedOrder.
2
Case 1 :20- -03361- *SEALED* Document 13 Filed 05/10/21 Page 3 of 4
CONCLUSION
Based on the foregoing, the United States requests that the Court grant the proposed Order.
Respectfullysubmitted,
CHANNING D. PHILLIPS
Acting United States Attorney
Assistant United States Attorney
3
Case 1 :20- 03361- SEALED* Document13 Filed05/10/21 Page4 of 4
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
SC No. 20- - 3361
IN RE APPLICATION OF USA FOR
2703 (d ) ORDER FOR SIX EMAILACCOUNTS SERVICED BY GOOGLELLC FOR INVESTIGATION OF
VIOLATION OF 18 U.S.C.Filed Under Seal
ORDER
Uponconsiderationof the Government'sex parte Sixth Motion to Modify Order in this
matter, the Court agrees to providethe reliefrequested.
IT IS THEREFORE ORDERED , that this Court's March 8, 2021, March 29, 2021, and
April 12, 2021 Orders in this matter are MODIFIED, and that Google LLC ( Google”) shall
produceto the UnitedStates allresponsiverecordsto this Court'sJanuary 5, 2021 Orderby June
17, 2021.
AND IT IS FURTHER ORDERED the Government's Sixth Motion to Modify Order and
this Order be sealed until otherwise ordered by the Court, except that the United States may
disclosethe existenceand/or contentsofthis Orderto appropriatelaw enforcementauthorities.
Date:
UNITEDSTATESMAGISTRATEJUDGE
Case 1 20- -03361- * SEALED* Document13-1 Filed 05/10/21 Page 1 of 1
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
SC No. 20- - 3361
INRE APPLICATION OF USA FOR
2703(d ) ORDER FOR SIX EMAILACCOUNTS SERVICED BY GOOGLELLC FOR INVESTIGATION OF
VIOLATION OF 18 U.S.C.Filed Under Seal
ORDER
Uponconsiderationof the Government'sex parte Sixth Motion to Modify Order in this
matter, the Court agrees to providethe reliefrequested.
IT IS THEREFORE ORDERED , that this Court's March 8, 2021, March 29, 2021, and
April 12, 2021 Orders in this matter are MODIFIED, and that Google LLC ( Google”) shall
produceto the UnitedStates allresponsiverecordsto this Court'sJanuary 5, 2021 Orderby June
17, 2021.
AND IT IS FURTHER ORDERED the Government's Sixth Motion to Modify Order and
this Order be sealed until otherwise ordered by the Court, except that the United States may
disclosethe existenceand/or contentsofthis Orderto appropriatelaw enforcementauthorities.
Date:
UNITEDSTATESMAGISTRATEJUDGE
Case 1 : - -03361-ZME *SEALED* Document 14 Filed 05/11/21 Page 1 of 1
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
SC No. 20- -3361
INRE APPLICATION OF USA FOR
2703( d) ORDER FOR SIX EMAILACCOUNTS SERVICED BY GOOGLE
LLC FOR INVESTIGATION OF
VIOLATION OF 18 U.S.C. SFiled Under Seal
ORDER
Uponconsiderationof the Government'sex parte Sixth Motion to Modify Order in this
matter, the Court agrees to providethe reliefrequested.
IT IS THEREFORE ORDERED , that this Court's March 8, 2021, March 29 , 2021, and
April 12, 2021 Orders in this matter are MODIFIED, and that Google LLC ( “Google ” ) shall
produceto the UnitedStates allresponsiverecordsto this Court'sJanuary 5, 2021 Orderby June
17, 2021.
AND IT IS FURTHER ORDERED the Government's Sixth Motion to Modify Order and
this Order be sealed until otherwise ordered by the Court, except that the United States may
disclosethe existenceand /or contentsofthis Orderto appropriatelaw enforcementauthorities.
&
2021.05.11
11:27:04 -04'00 'Date:
OFCOLUMBIA
UNITEDSTATESMAGISTRATEJUDGE
Case 1 : - -03361-ZME *SEALED* Document 15 Filed 05/12/21 Page 1 of 1
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
SC No. 20- -3361
INRE APPLICATION OF USA FOR
2703( d) ORDER FOR SIX EMAILACCOUNTS SERVICED BY GOOGLE
LLC FOR INVESTIGATION OF
VIOLATION OF 18 U.S.C. SFiled Under Seal
ORDER
Uponconsiderationof the Government'sex parte Sixth Motion to Modify Order in this
matter, the Court agrees to providethe reliefrequested.
IT IS THEREFORE ORDERED , that this Court's March 8, 2021, March 29 , 2021, and
April 12, 2021 Orders in this matter are MODIFIED, and that Google LLC ( “Google ” ) shall
produceto the UnitedStates allresponsiverecordsto this Court'sJanuary 5, 2021 Orderby June
17, 2021.
AND IT IS FURTHER ORDERED the Government's Sixth Motion to Modify Order and
this Order be sealed until otherwise ordered by the Court, except that the United States may
disclosethe existenceand /or contentsofthis Orderto appropriatelaw enforcementauthorities.
&
2021.05.11
11:27:04 -04'00 'Date:
OFCOLUMBIA
UNITEDSTATESMAGISTRATEJUDGE
Case 1 20- -03361- * SEALED* Document16 Filed06/02/21 Page 1 of 3
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
SC No.20- - 3361
INRE APPLICATION OF USA FOR
2703(d ) ORDER FOR SIX EMAILACCOUNTS SERVICED BY GOOGLEFOR INVESTIGATION OF VIOLATION
OF 18 U.S.C.
FiledUnderSeal
MOTION TO WITHDRAW APPLICATION
The United States of America , moving by and through its undersigned counsel, respectfully
withdrawsits Applicationin thismatter, andseeks to quash this Court'sJanuary5 , 2021Order.
On January 5 , 2021, this Court issued an Order pursuantto 18 U.S.C. 2703 d) for the
productionofnon-content communicationrecordsbyGoogleLLC( “ Google” or “ Provider ). That
Order was promptly served on Google. The order also included a nondisclosure provision that
prohibited Google from providing notice of the legal process to any person “ except attorneys for
PROVIDER for the purpose ofreceiving legaladvice.
AfterconsultingwithGoogle, the UnitedStates movedto modifythe nondisclosureorder
to enable Googleto make a furtherdisclosureand extendthe time to respond. On March3 , 2021,
this Court granted the motion and permitted Google to share the Order with the
Deputy GeneralCounselofThe New York Times, and extended the period for Google's production
of records to March 11, 2021.
Thereafter, onferredwith the Government and requestedthat the United
States agree that: ( 1) the nondisclosure be further modified so that couldnotifyhis
supervisor General Counsel of The New York Times, and outside counsel,
law firm ; ( 2 ) and that the
production of records date for Google be extended 21 days from the execution of the modified
nondisclosureorder. The UnitedStates agreedto these requests and movedthis Courtto modify
Case 1 20- -03361- * SEALED* Document16 Filed06/02/21 Page2 of 3
the Order a second time accordingly, and the Court granted that motion on March 8 , 2021.
After furtherdiscussionwith the United States agreed to
ask this Court for leave to amend the nondisclosure provision so they could consult with
PublisherofTheNew York Times, and PresidentandChiefof
Executive Officer of The New York Times. The United States sought such relief from the Court,
and this Court modified the Order a third time on March 22, 2021. Discussions with counsel for
The New York Times continued, and the United States requested additional time on several
occasions, the last of which was May 11, 2021, when this Court extended the date by which
Google was obligated to produce records until June 17, 2021.
Following additional developments in the matter, the United States at this time has
determined that it does not wish to compel production from Google. The United States hereby
moves to withdraw its Application and respectfully moves the Court to quash the Order. A draft
proposed Order is attached to this motion.
The United States understands that after entry of the proposed Order that neither Google,
nor those at The New York Times, will be under any nondisclosure obligations from this Court.
As
this Court is aware, this matter is already under seal; consistent with the sealing order, and inview
of the the Applicationin this matterhas notbeendisclosed to Google,
The New York Times, or anyone else not authorized to receive it. As such, the UnitedStates further
requeststhat thisMotionandproposedOrderbe filedunder seal. The Court hasthe inherentpower
to seal court filings when appropriate, including the proposed Order. United States v . Hubbard,
650F.2d293, 315-16 (D.C.Cir. 1980) (citingNixonv . Warner Inc., 435 U.S.589, 598
( 1978) . More particularly, the Court may seal the materials to prevent
2
confidentiality. See Washington Post v. Robinson, 935 F.2d 282, 287-89 (D.C. Cir. 1991). For
the reasons stated previously, the United States has a compelling interest in confidentiality to
justify continued sealing of this matter, this motion,and the proposed Order.
Case 1:20-sc-03361-ZMF*SEALED* Document 16 Filed06/02/21 Page 3 of 3
Based on the foregoing, the United States requests that the Court grant the proposed Order.
when such jeopardy creates a compelling governmental interest in
CONCLUSION
Respectfully submitted,
CHANNING D.PHILLIPS
Acting United States Attorney
Assistant United States Attorney
JOHN C. DEMERS
Assistant Attorney General
Trial Attorney
3
matter, the Court agrees to provide the relief requested.
2020 is hereby withdrawn without prejudice;
March 8, 2021, March 22, 2021, March 29, 2021, April 12, 2021, and May 11, 2021 Orders
(Docket # 2, 4, 6, 8, 10,12 and 15) in this matter are QUASHED; AND
seal until otherwise ordered by the Court.
Case 1:20-sc-03361-ZMF*SEALED* Document 16-1 Filed06/02/21 Page 1 of 1
UNITEDSTATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
INREAPPLICATIONOF USAFOR2703(d)ORDERFORSIXEMAIL
ACCOUNTSSERVICEDBYGOOGLE
LLCFORINVESTIGATIONOF
VIOLATIONOF 18U.S.C.§§
ORDER
Upon consideration of the Government’s ex parte Motion to Withdraw Application in this
IT IS THEREFORE ORDERED that the Government’s Application from December 22,
IT IS FURTHERORDERED that this Court’s Orders of January 5, 2021, March 3, 2021,
IT IS FURTHER ORDERED that all filings and Orders in this matter shall remain under
Date: ___________________________________
UNITED STATES MAGISTRATEJUDGE
4
SCNo.20-sc-3361
FiledUnder Seal
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
SC No. 20- -3361
INRE APPLICATION OF USA FOR
2703( d) ORDER FOR SIX EMAILACCOUNTS SERVICED BY GOOGLE
LLC FOR INVESTIGATION OF
VIOLATION OF 18 U.S.C.Filed Under Seal
ORDER
Uponconsiderationofthe Government'sex parte Motionto WithdrawApplicationinthis
matter, the Court agrees to providethe reliefrequested.
IT IS THEREFOREORDEREDthat the Government'sApplicationfrom December22,
2020 is hereby withdrawn without prejudice;
IT IS FURTHER ORDERED that this Court's Orders ofJanuary 5 , 2021, March 3 , 2021,
March 8, 2021, March 22, 2021, March 29, 2021, April 12, 2021, and May 11, 2021 Orders
(Docket# 2 4 , 6 , 8 , 10, 12 and 15) inthis matterare QUASHED; AND
IT ISFURTHERORDEREDthat all filings and Orders in this mattershall remainunder
sealuntilotherwiseorderedby the Court.2021.06.04
10:48:34Date:
JUDGEUNITED STATES
4