United States v. Microsoft Corporation
Whether a United States provider of email services must comply with a probable-cause-based warrant issued under 18 U.S.C. 2703 by making disclosure in the United States of electronic communications within that provider’s control, even if the provider has decided to store that material abroad.
Supreme Court dismisses Microsoft Irish warrant case as moot in light of the CLOUD Act
The Supreme Court issued an
opinion granting the joint request of the United States and Microsoft to end their case regarding whether the Stored Communications Act of 1986 applies to emails located on a server outside the United States (in this particular instance, on a server located in Ireland). The Court agreed with the United States and Microsoft that their dispute about the Stored Communications Act had become moot in light of the enactment of the Clarifying Lawful Overseas Use of Data (“CLOUD”) Act as part of the omnibus budget legislation.
U.S. Chamber files coalition amicus brief urging Supreme Court to hold Stored Communications Act does not require company to provide emails stored outside United States
Click here to view the amicus brief filed by the U.S. Chamber and a coalition of business and consumer associations in support of respondent.
Andrew J. Pincus and Paul W. Hughes of
Mayer Brown LLP served as co-counsel for the amici.