computer and internet fraud
Computer and internet fraud entails the criminal use of a computer or the Internet and can take many different forms. While some argue that “hacking” is a neutral term (see United States v.
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Internet Law
United States v. Microsoft Corp.
Issues
When served with a warrant under the Stored Communications Act, is an email service provider obligated to disclose communication information that they control but store outside of the United States?
This case asks the Court to decide whether an email service provider must comply with a warrant issued pursuant to the Stored Communications Act to disclose communication information if they exercise control over the information but physically store it outside the United States. This case implicates the presumption against application of U.S. law outside of U.S. borders, as well as the true focus of section 2703 of the Stored Communications Act. The Government argues that the focus of the statute is “disclosure” and the relevant conduct occurs in the U.S., and therefore the information must be disclosed. Microsoft argues that the focus is “privacy” and the relevant conduct occurs outside the U.S., and therefore outside the reach of the statute. This decision could impact international cooperation and comity due to potential conflict-of-laws issues, as well as other nations’ willingness to do business with U.S.-based carriers.
Questions as Framed for the Court by the Parties
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.
Microsoft Corporation (“Microsoft”) is a United States corporation incorporated and headquartered in Washington state. Microsoft Corp. v. United States, 829 F.3d 197, 202. Microsoft operates a web-based email service, known as “Outlook.com,” that allows customers to send and receive correspondence with other email accounts.
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Edited by
Acknowledgments
The authors would like to thank Cornell Law School Professor James Grimmelmann for his insights into this case.
Additional Resources
- Robert Barnes, Supreme Court to Consider Major Digital Privacy Case on Microsoft Email Storage, Washington Post (Oct. 16, 2017).
- Amy Howe, Old Laws, New Technology and National Borders: In Plain English, SCOTUSblog (Feb. 5, 2018).
- Gregory T. Nojeim, Symposium: Four Impoprtant Questions for the Court to Consider, SCOTUSblog (Feb. 7, 2018).
- Greg Stohr, Microsoft Email-Access Fight with U.S. Gets Top Court Review, Bloomberg (Oct. 16, 2017).
- Andrew Keane Woods, A Primer on Microsoft Ireland, the Supreme Court’s Extraterritorial Warrant Case, Lawfare (Oct. 16, 2017)
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