United States v. Microsoft Corp., 584 U.S. ___ (2018)
In 2013, federal agents obtained an 18 U.S.C. 2703 warrant requiring Microsoft to disclose all e-mails and other information associated with a customer's account that was believed to be involved in illegal drug trafficking. Microsoft determined that the account’s e-mail contents were all stored in Microsoft’s Dublin, Ireland datacenter and moved, unsuccessfully, to quash the warrant with respect to that information. The court held Microsoft in civil contempt. The Second Circuit reversed, holding that requiring Microsoft to disclose the electronic communications in question would be an unauthorized extraterritorial application of section 2703. In March 2018, Congress enacted and the President signed the Clarifying Lawful Overseas Use of Data Act (CLOUD Act), Pub. L. 115–141, amending the Stored Communications Act, 18 U.S.C. 2701, to add: “A [service provider] shall comply with the obligations of this chapter to preserve, backup, or disclose the contents of a wire or electronic communication and any record or other information pertaining to a customer or subscriber within such provider’s possession, custody, or control, regardless of whether such communication, record, or other information is located within or outside of the United States.” The Supreme Court vacated, finding the case moot. No live dispute remains between the parties over the issue with respect to which certiorari was granted; a new warrant replaced the original warrant.
Clarifying Lawful Overseas Use of Data Act (2018) rendered moot a challenge to a warrant requiring Microsoft to disclose electronic communications stored overseas.
The record from the U.S.D.C. Southern Dist. of New York has been returned. |
JUDGMENT ISSUED. |
Judgment VACATED and case REMANDED. Opinion per curiam. |
Motion DISTRIBUTED for Conference of 4/20/2018. |
Response to motion to vacate the judgment of the Court of Appeals and remand the case with directions to dismiss as moot from respondent Microsoft Corporation filed. |
Motion to vacate the judgment of the Court of Appeals and remand the case with directions to dismiss as moot filed by petitioner United States. |
Letter of petitioner United States advising the Court of newly enacted legislation filed. (Distributed) |
Argued. For petitioner: Michael R. Dreeben, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: E. Joshua Rosenkranz, New York, N. Y. |
Reply of petitioner United States filed. (Distributed) |
Brief amici curiae of InternetLab Law and Technology Center filed. (Distributed) |
Brief amici curiae of DIGITALEUROPE, BITKOM, TECH IN France, Syntec Numerique, and Other European National Trade Organizations filed. (Distributed) |
Brief amici curiae of EU Data Protection and Privacy Scholars filed. (Distributed) |
Brief amici curiae of Reporters Committee for Freedom of the Press, et al. filed. (Distributed) |
Brief amici curiae of Members of Congress filed. (Distributed) |
Brief amici curiae of 12 Business and Consumer Associations filed. (Distributed) |
Brief amici curiae of Brennan Center for Justice at NYU School of Law, et al. filed. (Distributed) |
Brief amicus curiae of Policing Project at New York University School of Law filed. (Distributed) |
Brief amicus curiae of Washington Legal Foundation filed. (Distributed) |
Brief amici curiae of Electronic Privacy Information Center, et al. filed. (Distributed) |
Brief amici curiae of Digital Rights Ireland Limited and the Open Rights Group filed. (Distributed) |
Brief amici curiae of Fourth Amendment Scholars filed. (Distributed) |
Brief amici curiae of Technology Companies filed. (Distributed) |
Brief amicus curiae of International Business Machines Corporation filed. (Distributed) |
Brief amici curiae of Council of Bars and Law Societies of Europe filed. (Distributed) |
Brief amicus curiae of European Company Lawyers Association filed. (Distributed) |
Brief amici curiae of Privacy International, Human and Digital Rights Organizations, and International Legal Scholars filed. (Distributed) |
Brief amici curiae of International and Extraterritorial Law Scholars filed. (Distributed) |
Brief amici curiae of Jan Philipp Albrecht, Sophie in ’t Veld, Viviane Reding, Birgit Sippel, and Axel Voss filed. (Distributed) |
Brief amicus curiae of Gesellschaft fur Freiheitsrechte e.V. filed. (Distributed) |
Record received from the U.S.C.A. 2nd Circuit is electronic. |
Record received from the U.S.D.C. Southern District of New York is electronic and located on PACER, with the exception of 1 envelope of Sealed Documents. |
Brief amicus curiae of 51 Computer Scientists filed. (Distributed) |
Brief amici curiae of Competitive Enterprise Institute, Cato Institute, Reason Foundation, TechFreedom, American Consumer Institute Center for Citizen Research filed. (Distributed) |
Brief amici curiae of Bundesverband der Deutschen Industrie e.V., Deutscher Industrie- und Handelskammertag e.V., Ibec clg, Konfederacja Lewiatan, and Mouvement des Enterprises de France filed. (Distributed) |
Brief of respondent Microsoft Corporation filed. (Distributed) |
Record requested from the U.S.C.A. 2nd Circuit. |
CIRCULATED |
SET FOR ARGUMENT ON Tuesday, February 27, 2018 |
Brief amici curiae of Former Law Enforcement, National Security, and Intelligence Officials in support of neither party filed. |
Brief amici curiae of Government of the United Kingdom of Great Britain and Northern Ireland in support of neither party filed. |
Brief amici curiae of Electronic Discovery Institute, et al., in support of neither party filed. |
Brief amicus curiae of European Commission on Behalf of the European Union in support of neither party filed. |
Brief amici curiae of The States of Vermont, et al. filed. |
Brief amicus curiae of The New Zealand Privacy Commissioner in support of neither party filed. |
Brief amicus curiae of U.N. Special Rapporteur on the Right to Privacy Joseph Cannataci in support of neither partyfiled. |
Brief amicus curiae of Ireland in support of neither party filed. |
Brief of petitioner United States filed. |
Joint appendix filed. |
Blanket Consent filed by Petitioner, United States |
Blanket Consent filed by respondent, Microsoft Corporation. |
The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 6, 2017. |
The time to file respondent's brief on the merits is extended to and including January 11, 2018. |
Petition GRANTED. |
DISTRIBUTED for Conference of 10/13/2017. |
Supplemental brief of respondent Microsoft Corporation filed. (Distributed) |
Reply of petitioner United States filed. (Distributed) |
DISTRIBUTED for Conference of 10/6/2017. |
Brief of respondent Microsoft Corporation in opposition filed. |
Brief amici curiae of The States of Vermont, et al. filed. |
Order extending time to file response to petition to and including August 28, 2017. |
Petition for a writ of certiorari filed. (Response due July 27, 2017) |
Application (16A972) granted by Justice Ginsburg extending the time to file until June 23, 2017. |
Application (16A972) to extend further the time from May 24, 2017 to June 23, 2017, submitted to Justice Ginsburg. |
Application (16A972) granted by Justice Ginsburg extending the time to file until May 24, 2017. |
Application (16A972) to extend the time to file a petition for a writ of certiorari from April 24, 2017 to May 24, 2017, submitted to Justice Ginsburg. |
Prior History
- Microsoft v. United States, No. 14-2985 (2d Cir. Jul. 14, 2016)
Microsoft appealed from the district court's order denying its motion to quash a warrant issued under section 2703 of the Stored Communications Act (SCA), 18 U.S.C. 2701 et seq., and holding Microsoft in contempt of court for refusing to execute the warrant on the government’s behalf. The warrant directed Microsoft to seize and produce the contents of an e‐mail account - an account believed to be used in furtherance of narcotics trafficking - that it maintains for a customer who uses the company’s electronic communications services. Microsoft produced its customer’s non‐content information to the government, as directed. That data was stored in the United States. But Microsoft ascertained that, to comply fully with the warrant, it would need to access customer content that it stores and maintains in Ireland and to import that data into the United States for delivery to federal authorities. The court concluded that Congress did not intend the SCA’s warrant provisions to apply extraterritorially. The focus of those provisions is protection of a user’s privacy interests. Accordingly, the SCA does not authorize a United States court to issue and enforce an SCA warrant against a United States‐based service provider for the contents of a customer’s electronic communications stored on servers located outside the United States. Therefore, the court concluded that the district court lacked authority to enforce the warrant against Microsoft. The court reversed the denial of the motion to quash because Microsoft has complied with the warrant’s domestic directives and resisted only its extraterritorial aspect; vacated the finding of civil contempt; and remanded with instructions to the district court to quash the warrant insofar as it directs Microsoft to collect, import, and produce to the government customer content stored outside the United States.