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United States v. Microsoft Corp.

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Judgment vacated and case remanded with instructions first to vacate the district court’s contempt finding and its denial of Microsoft’s motion to quash, then to direct the district court to dismiss the case as moot
Docket No. Op. Below Argument Opinion Vote Author Term
17-2 2d Cir. Feb 27, 2018 Apr 17, 2018 n/a Per Curiam OT 2017

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel on an amicus brief in support of the respondent in this case.

Issue: 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.

Judgment: Vacated and remanded in a per curiam opinion on April 17, 2018.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Apr 12 2017Application (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.
Apr 12 2017Application (16A972) granted by Justice Ginsburg extending the time to file until May 24, 2017.
May 12 2017Application (16A972) to extend further the time from May 24, 2017 to June 23, 2017, submitted to Justice Ginsburg.
May 15 2017Application (16A972) granted by Justice Ginsburg extending the time to file until June 23, 2017.
Jun 23 2017Petition for a writ of certiorari filed. (Response due July 27, 2017)
Jul 20 2017Order extending time to file response to petition to and including August 28, 2017.
Jul 27 2017Brief amici curiae of The States of Vermont, et al. filed.
Aug 28 2017Brief of respondent Microsoft Corporation in opposition filed.
Sep 13 2017DISTRIBUTED for Conference of 10/6/2017.
Sep 13 2017Reply of petitioner United States filed. (Distributed)
Sep 15 2017Supplemental brief of respondent Microsoft Corporation filed. (Distributed)
Oct 10 2017DISTRIBUTED for Conference of 10/13/2017.
Oct 16 2017Petition GRANTED.
Nov 01 2017The time to file respondent's brief on the merits is extended to and including January 11, 2018.
Nov 01 2017The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 6, 2017.
Nov 09 2017Blanket Consent filed by Petitioner, United States
Nov 09 2017Blanket Consent filed by respondent, Microsoft Corporation.
Dec 06 2017Brief of petitioner United States filed.
Dec 06 2017Joint appendix filed.
Dec 13 2017Brief amici curiae of Former Law Enforcement, National Security, and Intelligence Officials in support of neither party filed.
Dec 13 2017Brief amicus curiae of European Commission on Behalf of the European Union in support of neither party filed.
Dec 13 2017Brief amicus curiae of The New Zealand Privacy Commissioner in support of neither party filed.
Dec 13 2017Brief amici curiae of Government of the United Kingdom of Great Britain and Northern Ireland in support of neither party filed.
Dec 13 2017Brief amici curiae of Electronic Discovery Institute, et al., in support of neither party filed.
Dec 13 2017Brief amici curiae of The States of Vermont, et al. filed.
Dec 13 2017Brief amicus curiae of Ireland in support of neither party filed.
Dec 13 2017Brief amicus curiae of U.N. Special Rapporteur on the Right to Privacy Joseph Cannataci in support of neither partyfiled.
Dec 20 2017SET FOR ARGUMENT ON Tuesday, February 27, 2018
Jan 05 2018CIRCULATED
Jan 10 2018Record requested from the U.S.C.A. 2nd Circuit.
Jan 11 2018Brief 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)
Jan 11 2018Brief of respondent Microsoft Corporation filed. (Distributed)
Jan 17 2018Record 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.
Jan 17 2018Record received from the U.S.C.A. 2nd Circuit is electronic.
Jan 17 2018Brief amicus curiae of 51 Computer Scientists filed. (Distributed)
Jan 17 2018Brief amici curiae of Competitive Enterprise Institute, Cato Institute, Reason Foundation, TechFreedom, American Consumer Institute Center for Citizen Research filed. (Distributed)
Jan 18 2018Brief amici curiae of Council of Bars and Law Societies of Europe filed. (Distributed)
Jan 18 2018Brief amici curiae of Members of Congress filed. (Distributed)
Jan 18 2018Brief amici curiae of International and Extraterritorial Law Scholars filed. (Distributed)
Jan 18 2018Brief amici curiae of 12 Business and Consumer Associations filed. (Distributed)
Jan 18 2018Brief amici curiae of Reporters Committee for Freedom of the Press, et al. filed. (Distributed)
Jan 18 2018Brief amici curiae of EU Data Protection and Privacy Scholars filed. (Distributed)
Jan 18 2018Brief amicus curiae of Policing Project at New York University School of Law filed. (Distributed)
Jan 18 2018Brief amici curiae of Technology Companies filed. (Distributed)
Jan 18 2018Brief amici curiae of Jan Philipp Albrecht, Sophie in ’t Veld, Viviane Reding, Birgit Sippel, and Axel Voss filed. (Distributed)
Jan 18 2018Brief amici curiae of DIGITALEUROPE, BITKOM, TECH IN France, Syntec Numerique, and Other European National Trade Organizations filed. (Distributed)
Jan 18 2018Brief amicus curiae of International Business Machines Corporation filed. (Distributed)
Jan 18 2018Brief amici curiae of Privacy International, Human and Digital Rights Organizations, and International Legal Scholars filed. (Distributed)
Jan 18 2018Brief amici curiae of Electronic Privacy Information Center, et al. filed. (Distributed)
Jan 18 2018Brief amici curiae of Brennan Center for Justice at NYU School of Law, et al. filed. (Distributed)
Jan 18 2018Brief amicus curiae of European Company Lawyers Association filed. (Distributed)
Jan 18 2018Brief amicus curiae of Washington Legal Foundation filed. (Distributed)
Jan 18 2018Brief amici curiae of Fourth Amendment Scholars filed. (Distributed)
Jan 18 2018Brief amici curiae of InternetLab Law and Technology Center filed. (Distributed)
Jan 18 2018Brief amici curiae of Digital Rights Ireland Limited and the Open Rights Group filed. (Distributed)
Jan 18 2018Brief amicus curiae of Gesellschaft fur Freiheitsrechte e.V. filed. (Distributed)
Feb 12 2018Reply of petitioner United States filed. (Distributed)
Feb 27 2018Argued. For petitioner: Michael R. Dreeben, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: E. Joshua Rosenkranz, New York, N. Y.
Mar 23 2018Letter of petitioner United States advising the Court of newly enacted legislation filed. (Distributed)
Mar 30 2018Motion to vacate the judgment of the Court of Appeals and remand the case with directions to dismiss as moot filed by petitioner United States.
Apr 03 2018Response 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.
Apr 04 2018Motion DISTRIBUTED for Conference of 4/20/2018.
Apr 17 2018Judgment VACATED and case REMANDED. Opinion per curiam.
May 21 2018JUDGMENT ISSUED.
Aug 29 2018The record from the U.S.D.C. Southern Dist. of New York has been returned.