Justice Department asks Supreme Court to moot Microsoft email case, citing new law

Now that Congress has made clear that a US search warrant covers emails stored overseas, the Justice Department asked the Supreme Court to moot a case involving a data demand issued to Microsoft for a drug-trafficking suspect’s emails held in Ireland. The case, argued in February 2018, centered on whether a US tech firm must comply with a court order to produce emails even if they are stored abroad — in this instance, in a Dublin server. On March 23, Congress passed, and President Trump signed, the Cloud Act. The law states that a “provider of electronic communication service” shall comply with a court order for data “regardless of whether such communication, record or other information is located within or outside of the United States.” Microsoft supported the legislation, which also provides a way to facilitate — through bilateral agreements — foreign law enforcement agencies’ access to data held inside the United States. The Justice Department on Friday obtained a new search warrant requiring Microsoft to turn over the emails.