2017 Supreme Court term

UNITED STATES v. MICROSOFT CORPORATION

Dockets 17-2Argued
AI-generated independent summary

This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.

In brief

Overview

According to U.S. Department of Justice, the Department of Justice describes the Stored Communications Act as a hybrid instrument that requires a provider to disclose information, similar to a subpoena or discovery order.

Background and question before the Court

According to Justice Kennedy, the Court is asked whether the Stored Communications Act applies extraterritorially.

What each side argues

United States (Petitioner)

According to U.S. Department of Justice, the government says the Act functions like a subpoena, requiring a provider to disclose information.

According to U.S. Department of Justice, the government reads the statute against precedent that extraterritorial application requires clear text, structure, or operation.

Microsoft Corporation (Respondent)

Microsoft contends that the Stored Communications Act is limited to the United States and cannot be used to reach data stored abroad.

According to Microsoft, an extraterritorial search of data stored in a foreign computer would be illegal.

What happened at oral argument

Justice Alito asked whether other circuits will follow the Second Circuit’s approach to these orders.

Justice Breyer asked whether the statute’s warrant language limits the government to a warrant issued under the Federal Rules of Criminal Procedure.

Justice Kagan asked whether a court should conduct a comity analysis in these circumstances.

According to Justice Alito, justice Alito later questioned the relevance of Ireland’s interest when the data is stored abroad.

According to Justice Breyer, justice Breyer noted that warrants are not extraterritorial, even though they have nationwide reach within the United States.

What the Court decided

Pending This section will be added when the relevant Court material is available.

Why it matters

Source-limited The available primary sources do not support a complete explanation yet.

Terms to know

No glossary terms are available for this guide.

Primary sources

Read the source materials on the official site or open the immutable repository copy used for this guide.

  • b51b24072b8166cd92ad-r1-85e8c0d9c13f4253.pdforal argument transcript

Guide generated September 26, 2026. Automated validation accepted this version.