Request from the High Court in Selangor, Malaysia at Shah Alam for Information From Google, Inc. Re Logeswaran A/L Nadaraja V. Google, Inc., Ref No. 24-1103-09/2014
Filing
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ORDER GRANTING APPLICATION FOR ORDER PURSUANT TO TITLE 28 U.S.C. Section 1782: Re 1 Request filed by United State of America. Signed by Magistrate Judge Laurel Beeler on 2/17/2016. (lsS, COURT STAFF) (Filed on 2/17/2016)
1 BRIAN J. STRETCH (CABN 163973)
Acting United States Attorney
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ALEX G. TSE (CABN 152348)
3 Chief, Civil Division
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RECEIVED
ZOib FEB r 2 p J: OO
SUSAN Y. SOONG
.CLERK. US [)_!§TRJCT COURT
.NO. DIS LOr CA.
REBECCA A. FALK (CABN 226798)
Assistant United States Attorney
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450 Golden Gate Avenue, Box 36055
San Francisco, California 94102-3495
Telephone: (415) 436-7022
FAX: (415) 436-6748
Rebecca.Falk@usdoj .gov
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Attorneys for United States of America
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
:: REQUEST FROM TilE HIGH COURT IN
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cy-
MIJ.
!j. 80 036 MISC
SELANGOR, MALYASIA AT SHAH ALAM )
FOR ll-WORMATION FROM GOOGLE, INC. ~ [PROPOSED] ORDER GRANTING
APPLICATION FOR ORDER PURSUANT TO
TITLE 28 U.S.C. § 1782
RE LOGESWARAN AIL NADARAJA V.
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GOOGLE, INC., REF NO. 24-1103-09/2014 ~
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Pending before the Court is an application submitted by the United States Attorney pursuant to
19 28 U.S.C. § 1782 concerning a request from the Shah Alam High Court in Malaysia for information
20 from Google, Inc. ("Google"). At this time, the United States requests only that the Court appoint
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Rebecca A. Falk, Assistant United States Attorney, as Commissioner and authorize AUSA Falk to serve
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Google with a subpoena in accordance with the terms and conditions set forth below. The Court has
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reviewed the application and supporting papers and documents supporting this request for international
24 judicial assistance, including the Order issued by the High Court of Malaya at Shah Alam at the State of
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Selangor Darul Ehsan, Civil Division on January 20, 2015, in the matter captioned Logeswaran AIL
26 Nadaraja v. Google, Inc., Ref. No. 24-1103-09/201 4.
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Pursuant to the power conferred on it under 28 U.S.C. § 1782, its inherent authority, and
28 pursuant to the agreement of the United States and Google, the Court hereby ORDERS that AUSA Falk
[PROPOSED] ORDER GRANTING APPLICATION FOR APPOINTMENT
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is appointed as Commissioner, and is authorized to serve Google with a subpoena in accordance with the
2 following terms and conditions:
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1.
Upon receipt of the subpoena, Google shall promptly make a diligent search for non-
4 content, identifying information regarding the creation Internet Protocol addresses associated with the
5 following blogs and identifying information of the Google account associated with the following blogs:
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(1)
http://logeswarannadaraja.blogspot.com,
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(2)
http://logeswarannadarajapengedardadahgang36. b1ogspot.com; and
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(3)
http.//usahategasengineeringpengedarandadah.blogspot.com.
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2.
Within seven calendar days from receipt of the subpoena, Google shall provide a copy of
10 the subpoena to the account holder and advise him or her that Google will respond to the subpoena
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unless he or she files, within 20 calendar days from the date he or she receives the subpoena, an
12 objection or a motion to quash in this action, served on both Google and AUSA Falk.
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3.
Subject to the limitation described in Paragraph 2 of this Order, within 30 calendar days
14 from receipt of this subpoena, Google shall produce the requested information to the extent it is
15 available, along with a notarized verification under penalty ofpetjury, directly to AUSA Falk at the U.S.
16 Attorney's Office.
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4.
Within seven calendar days of receipt of the information from Google as described in
18 Paragraph 3 of this Order, AUSA Falk will then provide the information from Google to the U.S.
19 Department of Justice, Civil Division, Office of International Judicial Assistance, which, in tum, will
20 forward the information to the High Court of Malaya at Shah Alam at the State ofSelangor Darul Ehsan,
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Civil Division.
IT IS SO ORDERED.
February 17, 2016
24 DATED: February 12, 2016
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UNITED STATES MAGISTRATE JUDGE
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[PROPOSED] ORDER GRANTING APPLICATION FOR APPOINTMENT
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