United States of America v. In the matter of a Warrant to
Court Docket Sheet

2nd Circuit Court of Appeals

2014-02985 (ca2)

U.S. SUPREME COURT LETTER, dated 04/17/2018, RECEIVED.[2299882] [14-2985] [Entered: 05/10/2018 01:10 PM]

Suprem~ Court of the United States Office of the Clerk Washington, DC 20543-0001 Scott S. Harris Clerk of the Court (202) 479.3011 April 17, 2018 Clerk U. S. Court of Appeals for the Second Circuit Thurgood Marshall United States Courthouse 40 Foley Square New York, NY 10007 _.. co:x ~--:~ -""' JJ Re: United States c-:; -< .; = ~ I -:i v. Microsoft Corporation \.Ci --,-, No. 17-2 -;:; ~- (Your No. 14-2985) -- .. .-. ...:: ·-·,:l-• r- ~j ' . -··' .--.., V? U1 U1 Dear Clerk: The enclosed opinion of this Court was announced today in the above stated case. The judgment or mandate of this Court will not issue for at least twenty-five days pursuant to Rule 45. Should a petition for rehearing be filed timely, the judgment or mandate will be further stayed pending this Court's action on the petition for rehearing. Sincerely, Scott S. Harris, Clerk by Denise McNerney Merits Case Clerk (202) 4 79-3032 (Bench Opinion) Cite as: 584 U.S._ (2018) 1 Per Curiam .NOTICE: This opinion is subject to form al revision before publication in the preliminary print of the United States Reports. Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, Wash- ington, D. C. 20543, of any typographical or other form al errors, in order that corrections may be made before the preliminary print goes to press. SUPREME COURT OF THE UNITED STATES No. 17-2 UNITED STATES, PETITIONER v. MICROSOFT CORPORATION ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT [April 17, 2018] PERCURIAM. The Court granted certiorari in this case to decide whether, when the Government has obtained a warrant under 18 U. S. C. §2703, a U. S. provider of e-mail services must disclose to the Government electronic comm unica- tions within its control even if the provider stores the communications abroad. 583 U. S. _ (2017). In December 2013, federal law enforcement agents applied to the United States District Court for the South- ern District of New York for a §2703 warrant requiring Microsoft to disclose all e-mails and other information associated with the account of one of its customers. Satis- fied that the agents had demonstrated probable cause to believe that the account was being used to further illegal drug trafficking, a Magistrate Judge issued the requested §2703 warrant. App. 22-26. The warrant directed Mi- crosoft to disclose to the Government the contents of a specified e-mail account and all other records or infor- mation associated with the account "[t]o the extent that the information. . . is within [Microsoft's] possession, custody, or control." Id., at 24. 2 UNITED STATES v. MICROSOFT CORP. Per Curiam After service of the §2703 warrant, Microsoft deter- mined that the account's e-mail contents were stored in a sole location: Microsoft's datacenter in Dublin, Ireland. Id., at 34. Microsoft moved to quash the warrant with respect to the information stored in Ireland. The Magis- trate Judge denied Microsoft's motion. In re Warrant To Search a Certain E-Mail Account Controlled and Main- tained by Microsoft Corp., 15 F.Supp:3d 466 (SDNY 2014). The District Court, after a hearing, adopted the Magis- trate Judge's reasoning and affirmed his ruling. See In re Warrant To Search a Certain E-Mail Account Controlled and Maintained by Microsoft Corp., 829 F. 3d 197, 204- 205 (CA2 2016). Soon after, acting on a stipulation sub- mitted jointly by the parties, the District Court held Mi- crosoft in civil contempt for refusing to comply fully with the warrant. Id., at 205. On appeal, a panel of the Court of Appeals for the Second Circuit reversed the denial of the motion to quash and vacated the civil contempt finding, holding that requiring Microsoft to disclose the electronic communications in question would be an unauthorized extraterritorial application of §2703. Id., at 222. The parties now advise us that on March 23, 2018, Congress enacted and the President signed into law the Clarifying Lawful Overseas Use of Data Act (CLOUD Act), as part of the Consolidat ed Appropriations Act, 2018, Pub. L. 115-141. The CLOUD Act amends the Stored Commu- nications Act, 18 U. S. C. §2701 et seq., by adding the following provision: "A [service provider] shall comply with the obligations of this chapter to preserve, backup, or disclose the contents of a wire or electronic communication and any record or other information pertaining to a cus- tomer or subscriber within such provider's possession, custody, or control, regardless of whether such com- munication, record, or other information is located Cite as: 584 U. S. _ (2018) 3 Per Curiam within or outside of the United States." CLOUD Act § 103(a)(l). Soon thereafter, the Government obtained, pursuant to the new law, a new §2703 warrant covering the infor- mation requested in the §2703 warrant at issue in this case. No live dispute remains between the parties over the issue with respect to which certiorari was granted. See Department of Treasury, Bureau of Alcohol, Tobacco and Firearms v. Galioto, 477 U.S. 556, 559 (1986). Further, the parties agree that the new warrant has replaced the original warrant. This case, therefore, has become moot. 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 Mi- crosoft's motion to quash, then to direct the District Court to dismiss the case as moot. It is so ordered. ~ NfOPOST OFFICE OF THE CLERK SUPREME COURT OF THE UNITED STATES WASHINGTON, D.C. 20543-0001 r OFFICIAL BUSINESS ~ riz PENALTY FOR PRIVATE USE. $300 "

U.S. SUPREME COURT JUDGMENT, dated 04/17/2018, RECEIVED.[2308201] [14-2985] [Entered: 05/22/2018 08:51 AM]

Supreme Court of the United States Office of the Clerk Washington, DC 20543-0001 Scott S. Harris Clerk of the Court (202) 479-3011 May 21, 2018 Clerk United States Court of Appeals for the Second Circuit United States Courthouse 40 Foley Square New York, NY 10007 Re: United States v. Microsoft Corporation, No. 17-2 (Your docket No. 14-2985) Dear Clerk: Attached please find a certified copy of the judgment of this Court in the above-entitled case. You may obtain a copy of the Per Curiam opinion by visiting our website, http://www.supremecourt.gov. Sincerely, SCOTT S. HARRIS, Clerk By Herve' Bocage Judgments/Mandates Clerk Enc. cc: All counsel of record Supreme Court of the United States Office of the Clerk Washington, DC 20543-0001 Scott S. Harris Clerk of the Court (202) 479-3011 May 21, 2018 Mr. E. Joshua Rosenkranz, Esq. 51 West 52nd Street New York, New York 10019 Re: United States v. Microsoft Corporation, No. 17-2 Dear Mr. Rosenkranz: Attached please find a certified copy of the judgment of this Court in the above-entitled case. You may obtain a copy of the Per Curiam opinion by visiting our website, http://www.supremecourt.gov. Sincerely, SCOTT S. HARRIS, Clerk By Herve' Bocage Judgments/Mandates Clerk Enc. cc: All counsel of record Clerk, USCA 2d Circuit (Your docket No. 14-2985) Supreme Court of the United States No. 17-2 UNITED STATES, Petitioner v. MICROSOFT CORPORATION ON WRIT OF CERTIORARI to the United States Court of Appeals for the Second Circuit. THIS CAUSE came on to be heard on the transcript of the record from the above court and was argued by counsel. ON CONSIDERATION WHEREOF, it is ordered and adjudged by this Court that the judgment of the above court in this cause is 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. April 17, 2018

ORDER, dated 05/23/2018, in light of the Supreme Court’s decision in United States v. Microsoft Corp, it is hereby ordered that the District Court’s contempt finding and denial of Microsoft’s motion to quash are vacated, and the cause is remanded to the District Court, with instructions to dismiss the case as moot, FILED.[2309516] [14-2985] [Entered: 05/23/2018 11:20 AM]

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT ____________________________________________ At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 23rd day of May, two thousand and eighteen. Present: Gerard E. Lynch, Susan L. Carney, Circuit Judges, Victor A. Bolden, District Judge.* ____________________________________ In the matter of a Warrant to Search a certain E-mail account controlled and maintained by Microsoft Corporation, ____________________________________ ORDER Microsoft Corporation, Docket No. 14-2985 lllllllllllllllllllllAppellant, v. United States of America, lllllllllllllllllllllAppellee. _______________________________________ In light of the Supreme Court's decision in United States v. Microsoft Corp., 138 S. Ct. 1186 (2018), vacating our prior judgment in this case, In re Warrant to Search a Certain E-mail Account Controlled and Maintained by Microsoft Corp., 829 F.3d 197 (2d Cir. 2016), and directing our further action with respect to the District Court, it is hereby ORDERED that the District Court's contempt finding and denial of Microsoft's motion to quash are VACATED, and the cause is REMANDED to the District Court, with instructions to dismiss the case as moot. For the Court: Catherine O'Hagan Wolfe, Clerk of Court * Judge Victor A. Bolden, of the United States District Court for the District of Connecticut, sitting by designation.

CERTIFIED ORDER, dated 05/23/2018, to SDNY (NEW YORK CITY), ISSUED.[2309522] [14-2985] [Entered: 05/23/2018 11:21 AM]

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT ____________________________________________ At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 23rd day of May, two thousand and eighteen. Present: Gerard E. Lynch, Susan L. Carney, Circuit Judges, Victor A. Bolden, District Judge.* ____________________________________ In the matter of a Warrant to Search a certain E-mail account controlled and maintained by Microsoft Corporation, ____________________________________ ORDER Microsoft Corporation, Docket No. 14-2985 lllllllllllllllllllllAppellant, v. United States of America, lllllllllllllllllllllAppellee. _______________________________________ In light of the Supreme Court's decision in United States v. Microsoft Corp., 138 S. Ct. 1186 (2018), vacating our prior judgment in this case, In re Warrant to Search a Certain E-mail Account Controlled and Maintained by Microsoft Corp., 829 F.3d 197 (2d Cir. 2016), and directing our further action with respect to the District Court, it is hereby ORDERED that the District Court's contempt finding and denial of Microsoft's motion to quash are VACATED, and the cause is REMANDED to the District Court, with instructions to dismiss the case as moot. For the Court: Catherine O'Hagan Wolfe, Clerk of Court * Judge Victor A. Bolden, of the United States District Court for the District of Connecticut, sitting by designation. CERTIFIED COPY ISSUED ON 05/23/2018

APPEAL, pursuant to court order, dated 05/23/2018, VACATED.[2309623] [14-2985] [Entered: 05/23/2018 12:21 PM]

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT ____________________________________________ At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 23rd day of May, two thousand and eighteen. Present: Gerard E. Lynch, Susan L. Carney, Circuit Judges, Victor A. Bolden, District Judge.* ____________________________________ In the matter of a Warrant to Search a certain E-mail account controlled and maintained by Microsoft Corporation, ____________________________________ ORDER Microsoft Corporation, Docket No. 14-2985 lllllllllllllllllllllAppellant, v. United States of America, lllllllllllllllllllllAppellee. _______________________________________ In light of the Supreme Court's decision in United States v. Microsoft Corp., 138 S. Ct. 1186 (2018), vacating our prior judgment in this case, In re Warrant to Search a Certain E-mail Account Controlled and Maintained by Microsoft Corp., 829 F.3d 197 (2d Cir. 2016), and directing our further action with respect to the District Court, it is hereby ORDERED that the District Court's contempt finding and denial of Microsoft's motion to quash are VACATED, and the cause is REMANDED to the District Court, with instructions to dismiss the case as moot. For the Court: Catherine O'Hagan Wolfe, Clerk of Court * Judge Victor A. Bolden, of the United States District Court for the District of Connecticut, sitting by designation.

CERTIFIED COPY OF ORDER, dated 05/23/2018, determining the appeal to SDNY, ISSUED.[Mandate][2346490] [14-2985] [Entered: 07/17/2018 11:02 AM]

UNITED STATES COURT OF APPEALS FOR THE MANDATE SECOND CIRCUIT ____________________________________________ At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 23rd day of May, two thousand and eighteen. Present: Gerard E. Lynch, Susan L. Carney, Circuit Judges, Victor A. Bolden, District Judge.* ____________________________________ In the matter of a Warrant to Search a certain E-mail account controlled and maintained by Microsoft Corporation, ____________________________________ ORDER Microsoft Corporation, Docket No. 14-2985 lllllllllllllllllllllAppellant, v. United States of America, lllllllllllllllllllllAppellee. _______________________________________ In light of the Supreme Court's decision in United States v. Microsoft Corp., 138 S. Ct. 1186 (2018), vacating our prior judgment in this case, In re Warrant to Search a Certain E-mail Account Controlled and Maintained by Microsoft Corp., 829 F.3d 197 (2d Cir. 2016), and directing our further action with respect to the District Court, it is hereby ORDERED that the District Court's contempt finding and denial of Microsoft's motion to quash are VACATED, and the cause is REMANDED to the District Court, with instructions to dismiss the case as moot. For the Court: Catherine O'Hagan Wolfe, Clerk of Court * Judge Victor A. Bolden, of the United States District Court for the District of Connecticut, sitting by designation. MANDATE ISSUED ON 07/17/2018

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Description
341
10/17/2017
U.S. SUPREME COURT ORDER, dated 10/16/2017, granting the petition for a writ of certiorari RECEIVED.[2149605] [14-2985] [Entered: 10/17/2017 03:49 PM]
345
01/10/2018
U.S. SUPREME COURT LETTER, dated 01/09/2018, requesting record be transmitted to the Supreme Court, RECEIVED.[2211040] [14-2985] [Entered: 01/10/2018 04:49 PM]
350
05/10/2018
U.S. SUPREME COURT LETTER, dated 04/17/2018, RECEIVED.[2299882] [14-2985] [Entered: 05/10/2018 01:10 PM]
351
05/22/2018
U.S. SUPREME COURT JUDGMENT, dated 04/17/2018, RECEIVED.[2308201] [14-2985] [Entered: 05/22/2018 08:51 AM]
05/23/2018
CASE, to GEL, SLC, BOLDEN, SUBMITTED.[2309483] [14-2985] [Entered: 05/23/2018 11:02 AM] (Text entry; no document attached.)
357
05/23/2018
ORDER, dated 05/23/2018, in light of the Supreme Court’s decision in United States v. Microsoft Corp, it is hereby ordered that the District Court’s contempt finding and denial of Microsoft’s motion to quash are vacated, and the cause is remanded to the District Court, with instructions to dismiss the case as moot, FILED.[2309516] [14-2985] [Entered: 05/23/2018 11:20 AM]
356
05/23/2018
CASE, to GEL, SLC, BOLDEN, SUBMITTED.[2309483] [14-2985] [Entered: 05/23/2018 11:02 AM]
358
05/23/2018
CERTIFIED ORDER, dated 05/23/2018, to SDNY (NEW YORK CITY), ISSUED.[2309522] [14-2985] [Entered: 05/23/2018 11:21 AM]
356
05/23/2018
CASE, to GEL, SLC, BOLDEN, SUBMITTED.[2309483] [14-2985] [Entered: 05/23/2018 11:02 AM]
359
05/23/2018
APPEAL, pursuant to court order, dated 05/23/2018, VACATED.[2309623] [14-2985] [Entered: 05/23/2018 12:21 PM]
361
07/17/2018
CERTIFIED COPY OF ORDER, dated 05/23/2018, determining the appeal to SDNY, ISSUED.[Mandate][2346490] [14-2985] [Entered: 07/17/2018 11:02 AM]
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