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United States v. Microsoft Corp.

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. Argument Opinion Vote Author Term
17-2 Feb 27, 2018 Apr 17, 2018 n/a Per Curiam OT 2017

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)
04/12/2017Application (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.
04/12/2017Application (16A972) granted by Justice Ginsburg extending the time to file until May 24, 2017.
05/12/2017Application (16A972) to extend further the time from May 24, 2017 to June 23, 2017, submitted to Justice Ginsburg.
05/15/2017Application (16A972) granted by Justice Ginsburg extending the time to file until June 23, 2017.
06/23/2017Petition for a writ of certiorari filed. (Response due July 27, 2017)
07/20/2017Order extending time to file response to petition to and including August 28, 2017.
07/27/2017Brief amici curiae of The States of Vermont, et al. filed.
08/28/2017Brief of respondent Microsoft Corporation in opposition filed.
09/13/2017DISTRIBUTED for Conference of 10/6/2017.
09/13/2017Reply of petitioner United States filed. (Distributed)
09/15/2017Supplemental brief of respondent Microsoft Corporation filed. (Distributed)
10/10/2017DISTRIBUTED for Conference of 10/13/2017.
10/16/2017Petition GRANTED.
11/01/2017The time to file respondent's brief on the merits is extended to and including January 11, 2018.
11/01/2017The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 6, 2017.
11/09/2017Blanket Consent filed by Petitioner, United States
11/09/2017Blanket Consent filed by respondent, Microsoft Corporation.
12/06/2017Brief of petitioner United States filed.
12/06/2017Joint appendix filed.
12/13/2017Brief amici curiae of Former Law Enforcement, National Security, and Intelligence Officials in support of neither party filed.
12/13/2017Brief amicus curiae of European Commission on Behalf of the European Union in support of neither party filed.
12/13/2017Brief amicus curiae of The New Zealand Privacy Commissioner in support of neither party filed.
12/13/2017Brief amici curiae of Government of the United Kingdom of Great Britain and Northern Ireland in support of neither party filed.
12/13/2017Brief amici curiae of Electronic Discovery Institute, et al., in support of neither party filed.
12/13/2017Brief amici curiae of The States of Vermont, et al. filed.
12/13/2017Brief amicus curiae of Ireland in support of neither party filed.
12/13/2017Brief amicus curiae of U.N. Special Rapporteur on the Right to Privacy Joseph Cannataci in support of neither partyfiled.
12/20/2017SET FOR ARGUMENT ON Tuesday, February 27, 2018
01/05/2018CIRCULATED
01/10/2018Record requested from the U.S.C.A. 2nd Circuit.
01/11/2018Brief 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)
01/11/2018Brief of respondent Microsoft Corporation filed. (Distributed)
01/17/2018Record 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.
01/17/2018Record received from the U.S.C.A. 2nd Circuit is electronic.
01/17/2018Brief amicus curiae of 51 Computer Scientists filed. (Distributed)
01/17/2018Brief amici curiae of Competitive Enterprise Institute, Cato Institute, Reason Foundation, TechFreedom, American Consumer Institute Center for Citizen Research filed. (Distributed)
01/18/2018Brief amici curiae of Council of Bars and Law Societies of Europe filed. (Distributed)
01/18/2018Brief amici curiae of Members of Congress filed. (Distributed)
01/18/2018Brief amici curiae of International and Extraterritorial Law Scholars filed. (Distributed)
01/18/2018Brief amici curiae of 12 Business and Consumer Associations filed. (Distributed)
01/18/2018Brief amici curiae of Reporters Committee for Freedom of the Press, et al. filed. (Distributed)
01/18/2018Brief amici curiae of EU Data Protection and Privacy Scholars filed. (Distributed)
01/18/2018Brief amicus curiae of Policing Project at New York University School of Law filed. (Distributed)
01/18/2018Brief amici curiae of Technology Companies filed. (Distributed)
01/18/2018Brief amici curiae of Jan Philipp Albrecht, Sophie in ’t Veld, Viviane Reding, Birgit Sippel, and Axel Voss filed. (Distributed)
01/18/2018Brief amici curiae of DIGITALEUROPE, BITKOM, TECH IN France, Syntec Numerique, and Other European National Trade Organizations filed. (Distributed)
01/18/2018Brief amicus curiae of International Business Machines Corporation filed. (Distributed)
01/18/2018Brief amici curiae of Privacy International, Human and Digital Rights Organizations, and International Legal Scholars filed. (Distributed)
01/18/2018Brief amici curiae of Electronic Privacy Information Center, et al. filed. (Distributed)
01/18/2018Brief amici curiae of Brennan Center for Justice at NYU School of Law, et al. filed. (Distributed)
01/18/2018Brief amicus curiae of European Company Lawyers Association filed. (Distributed)
01/18/2018Brief amicus curiae of Washington Legal Foundation filed. (Distributed)
01/18/2018Brief amici curiae of Fourth Amendment Scholars filed. (Distributed)
01/18/2018Brief amici curiae of InternetLab Law and Technology Center filed. (Distributed)
01/18/2018Brief amici curiae of Digital Rights Ireland Limited and the Open Rights Group filed. (Distributed)
01/18/2018Brief amicus curiae of Gesellschaft fur Freiheitsrechte e.V. filed. (Distributed)
02/12/2018Reply of petitioner United States filed. (Distributed)
02/27/2018Argued. For petitioner: Michael R. Dreeben, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: E. Joshua Rosenkranz, New York, N. Y.
03/23/2018Letter of petitioner United States advising the Court of newly enacted legislation filed. (Distributed)
03/30/2018Motion to vacate the judgment of the Court of Appeals and remand the case with directions to dismiss as moot filed by petitioner United States.
04/03/2018Response 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.
04/04/2018Motion DISTRIBUTED for Conference of 4/20/2018.
04/17/2018Judgment VACATED and case REMANDED. Opinion per curiam.
05/21/2018JUDGMENT ISSUED.
08/29/2018The record from the U.S.D.C. Southern Dist. of New York has been returned.