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.	Op. Below	Argument	Opinion	Vote	Author	Term
17-2	2d Cir.	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

The Annual: OT2017 in Review (First Mondays, July 9, 2018)
OT2017 #22: "Cf. Everything" (First Mondays, April 23, 2018)
Justices officially declare Microsoft email case moot (Amy Howe, April 17, 2018)
OT2017 #16: "Robots in Ireland" (First Mondays, March 5, 2018)
Argument analysis: Justices divided over disclosure of overseas emails (Amy Howe, February 27, 2018)
OT2017 #15: "Respected By All Sides" (First Mondays, February 26, 2018)
Argument preview: Old laws, new technology and national borders (Amy Howe, February 21, 2018)
Symposium: Why is the U.S. government trying to help Vladimir Putin access information stored in the United States? (Andrew Pincus, February 9, 2018)
Symposium: Whatever happens in US v. Microsoft, three themes will persist (Andrew Keane Woods, February 8, 2018)
Symposium: Four important questions for the court to consider (Gregory T. Nojeim, February 7, 2018)
Symposium: Justices can, and should, write nuanced ruling to balance competing interests (Jennifer Daskal, February 7, 2018)
Symposium: Comity tonight -- conflicts of law in cross-border data demands (Eric Wenger, February 6, 2018)
Symposium: Business decisions should not control whether law enforcement can investigate local crimes (Benjamin Battles, February 6, 2018)
Old laws, new technology and national borders: In Plain English (Amy Howe, February 5, 2018)
Court releases February calendar (Amy Howe, December 21, 2017)
OT2017 #4: "Wind, Diabetes & Voluntary Retirement" (First Mondays, October 30, 2017)
Court adds four new cases to merits docket (Amy Howe, October 16, 2017)
Petition of the day (Aurora Barnes, August 3, 2017)

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