United States v. Microsoft
In brief
The Court wiped out the lower-court ruling (vacated it) and sent the case back (remanded it) so the case could be thrown out (dismissed), leaving the overseas-email question unanswered.
- Where it stands
- Decided
Decided 9-0 · April 17, 2018 · Per curiam
- What it’s about
- This case concerned whether Microsoft had to turn over a customer's emails to the federal government under a Stored Communications Act warrant when the emails were stored on servers outside the United States.
- Who it affects
- The Court ordered the appeals court to have the District Court wipe out (vacate) its contempt finding and its denial of Microsoft's request to cancel (quash) the warrant.
Summary: written with AI from the case record.
What it's about
After Congress passed the CLOUD Act and the government obtained a new warrant, the Supreme Court did not decide that issue and instead vacated the lower-court judgment and sent the case back as moot.
The case came amid a broader debate over whether U.S. warrant rules reach electronic data stored abroad.
Question presented
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.
What the Court decided
Holding
Following the Court’s established practice in such cases, the judgment on review is accordingly vacated, and the case is remanded to the United States Court of Appeals for the Second Circuit 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.
- Result
- Vacated
The vote
What's next
The Second Circuit must carry out the instructions: have the District Court wipe out (vacate) its contempt finding and denial of Microsoft's warrant challenge, then throw out (dismiss) the case because it is no longer a live dispute. The underlying question about emails stored abroad remains unresolved.
Why it matters
It left unanswered whether U.S. law requires an email provider to turn over communications stored abroad.
Documents
Docket activity
New analysis added
AI analysis generated: Case Briefing
AI analysis generated: Decision Record
New analysis added
Opinion added: Opinion
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Brief added: Questions Presented
More questions
- What was United States v. Microsoft Corp. about?
- It asked whether Microsoft had to provide emails stored abroad under a U.S. warrant. The Court did not decide that question.
- What did the Supreme Court do in the Microsoft case?
- It wiped out the lower-court ruling (vacated it) and sent the case back (remanded it).
- What did the Court tell the appeals court to erase?
- It told the appeals court to wipe out (vacate) the District Court's contempt finding and its order denying Microsoft's warrant challenge.
- What happens next in the Microsoft case?
- The Second Circuit must direct the District Court to throw out (dismiss) the case because it is no longer a live dispute.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.