U.S. v. Microsoft case comes to a quiet end

The Supreme Court on Tuesday ended a potentially major data privacy case after both sides agreed that a new law from Congress made their argument moot.

In a brief per-curium, or unsigned, order, the Court dismissed United States v. Microsoft. The dispute over data stored at a Microsoft facility in Ireland sought by the federal government in a criminal investigation had been closely followed in the Court’s current term, which started in October.

Back in 2013, federal investigators successfully got warrants from a court to obtain the emails located on a server in Ireland as part of a drug investigation. Microsoft thought the warrants violated the terms of the Stored Communications Act of 1986 and only Congress could provide those warrant powers by amending the act.

But during Supreme Court arguments in February, several Justices strongly suggested that Congress was the best arbitrator of the dispute. Some Court observers also speculated that the Justice’s ultimate decision may not have favored either side in the controversy.

Then March 23, Congress added the Clarifying Lawful Overseas Use of Data Act (or CLOUD Act) on to a huge spending bill. The CLOUD Act requires a U.S.-based company to turn over the stored electronic data, regardless of where the data is stored, if served with a warrant. But the act also provides ways for companies to challenge such orders under certain circumstances.

The act’s language was apparently broad enough to satisfy both parties. Solicitor General Noel Francisco filed with the Court to dismiss the case, and Microsoft also agreed to that action in a separate filing.

In the per-curium opinion, the Court said, “no live dispute remains between the parties over the issue with respect to which certiorari was granted,” and it instructed the District Court where the case originated to consider it moot.