United States v. Microsoft Corp.

The recently enacted CLOUD Act effectively amended the Stored Communications Act to require a U.S. email provider to disclose electronic information stored abroad.

The Government applied for a warrant under 18 U. S. C. §2703 requiring Respondent to disclose information from an email account. Respondent refused to disclose information stored on a server in Ireland arguing that because it was stored abroad, its seizure would be an impermissible extraterritorial application of §2703. The Supreme Court granted certiorari to determine whether an email provider must comply with a warrant under §2703, even when the information is located abroad. However, on March 23, 2018, the President signed the Clarifying Lawful Overseas Use of Data Act (CLOUD Act) into law, which amends the Stored Communications Act and states that a service provider shall disclose the contents of electronic communication “regardless of whether such communication, record, or other information is located within or outside of the United States.” The Government obtained a new warrant pursuant to the CLOUD act. The Supreme Court found that the issue is now moot. VACATED and REMANDED.