UNITED STATES v. MICROSOFT CORPORATION
Supreme Court of the United States, Per Curiam, April 17, 2018,
Search Warrants – Required Disclosure of Communications – Case dismissed as moot given Congress action to clarify that Stored Communications Act orders such as warrant for electronic communications apply to providers “regardless of whether such communication, record, or other information is located within or outside of the United States.”
Facts:
In 2013, federal law-enforcement applied for a warrant pursuant to 18 USC 2703 (a warrant for electronic communications). The warrant was authorized by a magistrate after determining that the warrant showed probable cause that the electronic communication would uncover evidence of illegal drug trafficking.
The agents served Microsoft with the warrant, but Microsoft moved to quash the warrant on the grounds that the data sought was stored in Ireland and was therefore outside the authority of the warrant.
While the challenge to the warrant was pending, Congress enacted the CLOUD Act (Clarifying Lawful Overseas Use of Data). This clarified the obligation of providers to comply with orders under the Stored Communications Act (such as the warrant in this case) “regardless of whether such communication, record, or other information is located within or outside of the United States.”
Federal LEO then obtained a new warrant pursuant to the clarified statute.
Since there is no longer an issue, the case was dismissed and underlying judgments vacated.