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Case of the Day: Suzlon Energy v. Microsoft

Today’s case of the day, Suzlon Energy Ltd. v. Microsoft Corp. (9th Cir. 2011), is another case involving the Stored Communications Act. Suzlon brought a judicial assistance application seeking to serve a subpoena on Microsoft for the contents of emails from the Hotmail account of Sridhar, an Indian national, for use in a civil case against Sridhar pending in the Federal Court of Australia. Predictably, Microsoft sought to quash the subpoena on the grounds that under 18 U.S.C. § 2702, it was forbidden to disclose the contents of the emails. The issue in the case was whether foreigners are also entitled to the protections of the statute. After some statutory construction, the Ninth Circuit came to the obvious conclusion—the SCA does indeed cover the email accounts of foreigners.

About Ted Folkman

Ted Folkman is a shareholder with Murphy & King, a Boston law firm, where he has a complex business litigation practice. He is the author of International Judicial Assistance (MCLE 2d ed. 2016), a nuts-and-bolts guide to international judicial assistance issues, and of the chapter on service of process in the ABA's forthcoming treatise on International Aspects of US Litigation, and he is the publisher of Letters Blogatory, the Web's first blog devoted to international judicial assistance, which the ABA recognized as one of the best 100 legal blogs in 2012, 2014, and 2015.

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