No. 17-2October Term 2017Decided Apr 17, 2018
United States v. Microsoft Corp.
The Supreme Court ended this case without resolving the main legal question about emails stored abroad.
Case status
- Current stage
- Decided
- Latest event
- Decision released Apr 17, 2018
- 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. 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.
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.
- Case path
United States Court of Appeals for the Second Circuit / Decision released Apr 17, 2018
- Area
Decided Supreme Court case
Briefing
What it's about
The case asked whether Microsoft had to produce emails stored on foreign servers in response to a U.S. warrant under the Stored Communications Act. After Congress passed the CLOUD Act and the government got a new warrant, the Supreme Court did not answer that question and instead wiped away the Second Circuit's ruling and sent the case back as moot.
Vote
In a per curiam opinion, the Court vacated the Second Circuit's judgment after the dispute became moot; no vote breakdown is provided here.
Impact
The fight mattered for email companies and investigators handling data stored overseas. For example, it affected whether a U.S. company could be forced to retrieve a customer's emails from a server in another country.
What's next
The case returned to the lower courts after the Supreme Court vacated the prior judgment as moot. Any future fights over overseas data would have to arise in new cases under the updated law.
What was the main dispute in United States v. Microsoft Corp.?
The government wanted Microsoft to turn over emails under a U.S. warrant, even though Microsoft had stored the emails on servers abroad.
Why did this case matter outside Microsoft?
It affected other tech companies and users whose data is stored around the world. It also shaped how investigators seek digital evidence kept overseas.
What happened next after the Supreme Court's action?
The Court sent the case back after vacating the lower-court ruling as moot. The legal issue could return later in a different case under the CLOUD Act.
Decision
What the Court decided
The Supreme Court ended this case without resolving the main legal question about emails stored abroad.
- Result
- Vacated
Impact
The fight mattered for email companies and investigators handling data stored overseas. For example, it affected whether a U.S. company could be forced to retrieve a customer's emails from a server in another country.
Not official Court text.
Opinion documents
Related cases




Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Jun 1, 2026
- Method
- Methodology
Primary materials8
Supreme Court docket 17-2
docket | Jun 1, 2026
Primary case document
Supreme Court document | Jun 1, 2026
CourtListener docket record
docket | Jun 1, 2026
Questions Presented
brief | May 24, 2026
Opinion
opinion | Apr 17, 2018
SupremeCourt.gov
official | Jun 1, 2026
SupremeCourt.gov
official | Jun 1, 2026
SupremeCourt.gov
official | Jun 1, 2026