Pending before the Court is an application submitted by the United States Attorney pursuant to 28 U.S.C. Section 1782 concerning a request by an Estonian Court for information from Google, Inc. ("Google"). At this time, the United States Attorney requests that the Court appoint Warren Metlitzky, Assistant United States Attorney, as Commissioner, and authorize AUSA Metlitzky to serve Google with a subpoena in accordance with the terms and conditions set forth below. The Court has reviewed the application and supporting papers and documents, which show that Google does not oppose entry of this proposed Order, but reserves its rights and objections to the underlying subpoena.
Pursuant to the power conferred on it under 28 U.S.C. § 1782, its inherent authority, and pursuant to the agreement of the United States and Google, the Court hereby ORDERS that AUSA Warren Metlitzky is appointed as Commissioner, and is authorized to serve Google with a subpoena in accordance with the following terms and conditions:
1. Upon receipt of the subpoena, Google shall promptly make a diligent search for reasonably available information identifying when the e-mail sent from the email address
2. Within 7 calendar days from receipt of the subpoena, Google shall provide a copy of the subpoena to the relevant hosts, providers, and users, and advise them that Google will respond to the subpoena unless they file, within 14 calendar days from the date they receive the subpoena, an objection or a motion to quash in this action, served on both Google and AUSA Metlitzky.
3. Prior to production of the information described in paragraph 4, Google will provide AUSA Metlitzky with a redacted version of the responsive declaration or other document(s), with all individual user information redacted. The parties will meet and confer as necessary regarding Google's redacted response if the United States questions whether Google's response is sufficient to satisfy the subpoena. Receipt of a redacted version of the responsive information by AUSA Metlitzky shall not be deemed an admission that Google's response is sufficient to satisfy the subpoena.
4. Subject to the limitation described in paragraph 2 of this Order, within 30 calendar days from Receipt of the subpoena, Google shall produce the requested information to the extent it is reasonably available, along with a notarized verification signed under penalty of perjury, directly to the Estonian Court at the following physical address and as an electronic document to the following email address:
5. Within 7 calendar days from producing its response to the Estonian Court, Google shall provide AUSA Metlitzky with a notarized verification signed under penalty of perjury indicating the date on which Google produced its response to the Estonian Court in compliance with this Order.
6. This Order does not preclude the United States from filing an amended petition for a further order authorizing an amended subpoena requesting additional information from Google in the event the Estonian Court requests additional information from Google after reviewing Google's response to the subpoena authorized by this Order.
IT IS SO ORDERED.