Microsoft Corp. v. United States

Microsoft initially lost in the Southern District of New York, with the judge stating that the nature of the Stored Communication Act warrant, as passed in 1986, was not subject to territorial restrictions.The Supreme Court, following agreement from both the government and Microsoft, determined the passage of the CLOUD Act and a new warrant for the data filed under it made the case moot and vacated the Second Circuit's decision.[2] The magistrate judge considered that Microsoft had control of the material outside the United States, and thus would be able to comply with the subpoena-like nature of the SCA warrant.[6] In the appeal to the Second Circuit, the three-judge panel unanimously overturned the lower court's ruling in July 2016, and invalided the government's warrant.Circuit Judge Jose Cabranes, who wrote in dissent, wrote that the held decision "has substantially burdened the government's legitimate law enforcement efforts; created a roadmap for the facilitation of criminal activity; and impeded programs to protect the national security of the United States and its allies", and called on a higher court or the U.S. Congress to rectify the outdated language of the SCA.In February 2017, federal magistrate judge, presiding over a district court within the Third Circuit, ruled that Google must comply with a government warrant to turn over data from foreign servers.to deny law enforcement officials with requested information stored on servers outside the United States, hampering numerous criminal investigations.It also requested that the Court vacate the case and remand it back to the Second Circuit, where the matter could then be rendered moot due to the passage of the CLOUD Act.
United States v. Microsoft Corp.Supreme Court of the United StatesCLOUD ActJohn RobertsAnthony KennedyClarence ThomasRuth Bader GinsburgStephen BreyerSamuel AlitoSonia SotomayorElena KaganNeil GorsuchStored Communications ActUnited States Court of Appeals for the Second CircuitSusan L. CarneyGerard E. LynchVictor A. Boldendata privacyStored Communications Act (SCA)Electronic Communications Privacy Act of 1986 (ECPA)data centerscloud storageMicrosoftFederal Bureau of InvestigationserversSouthern District of New YorkUnited States Department of JusticeCongressClarifying Lawful Overseas Use of Data Act (CLOUD Act)United States magistrate judgeUnited States District Court for the Southern District of New YorkwarrantDublinvacatefederal magistrate judgesubpoenafederal District Judgeamicus briefsIrish governmentEuropean UnionData Protection Directivemutual legal assistance treatyJan Philipp AlbrechtEuropean ParliamentMorrison v. National Australia Banklatencyen bancGoogleYahoo!certiorariClarifying Lawful Overseas Use of Data Act ("CLOUD Act")Donald Trumpvacate the caseremandper curiamExtraterritorial jurisdictionCarpenter v. United StatesThe Washington PostHarvard Law ReviewCenter for Democracy and TechnologyBrennan Center for JusticeElectronic Frontier FoundationThe New York TimesReutersBloomberg BusinessweekThe VergeThe Hill