Court agrees to hear Microsoft email case

Digital privacy during investigations at issue

WASHINGTON — The Supreme Court agreed Monday to take on a major dispute over the government’s authority to force American technology companies to hand over emails and other digital information sought in criminal probes but stored outside the U.S.

The justices intervened in a case of a federal drug trafficking investigation that sought emails that Microsoft keeps on a server in Ireland. The federal appeals court in New York said that the emails are beyond the reach of a search warrant issued by an American judge.

The Trump administration and 33 states told the court that the decision is impeding investigations into terrorism, drug trafficking, fraud and child pornography because other courts are relying on the ruling in preventing U.S. and state authorities from obtaining information kept abroad.

The case is among several legal clashes that Redmond, Washington-based Microsoft and other technology companies have had with the government over questions of digital privacy and authorities’ need for information to combat crime and extremism.

The case also highlights the difficulty that judges face in trying to square decades-old laws with new technological developments. In urging the high court to stay out of the case, Microsoft said Congress needs to bring the law into the age of cloud computing.

The case, U.S. v. Microsoft, 17-2, will be argued early next year.

In other action Monday, the Supreme Court:

■ Agreed to take up an appeal by 11 states that argue American Express violated antitrust laws by barring merchants from asking customers to use other credit cards that charge lower fees. The justices said Monday they would review a ruling by the federal appeals court in New York that sided with American Express.

■ Sided with a lower court that ordered a New Mexico city to remove a Ten Commandments monument from the lawn outside City Hall.