WIEDER AND GUARNIERI v. THE UNITED KINGDOM JUDGMENT signed into law. The CLOUD Act amended the Stored Communications Act, 18 U. S. C. §2701 et seq., by adding the following provision: “A [service provider] shall comply with the obligations of this chapter to preserve, backup, or disclose the contents of a wire or electronic communication and any record or other information pertaining to a customer or subscriber within such provider’s possession, custody, or control, regardless of whether such communication, record, or other information is located within or outside of the United States.” 48. Pursuant to the new law, the Government obtained a new warrant. As no live dispute remained between the parties, the case became moot. Following the Supreme Court’s established practice in such cases, on 17 April 2018 the judgment on review was vacated, and the case was remanded to the United States Court of Appeals for the Second Circuit with instructions first to vacate the District Court’s contempt finding and its denial of Microsoft’s motion to quash, then to direct the District Court to dismiss the case as moot. C. United States of America v. Agron Hasbajrami, United States Court of Appeals for the Second Circuit, 18 December 2019 49. The appellant was arrested at John F. Kennedy International Airport in September 2011 and charged with attempting to provide material support to a terrorist organisation. After he pleaded guilty, the Government disclosed that certain evidence involved in his arrest and prosecution  primarily electronic communications between the appellant and individuals without ties to the United States and located abroad  had been derived from information obtained by the Government without a warrant pursuant to its warrantless surveillance program under Section 702 of the FISA [Foreign Intelligence Surveillance Act] Amendments Act of 2008. The appellant then withdrew his initial plea and moved to suppress any fruits of the Section 702 surveillance. The District Court denied the motion to suppress. The appellant again pleaded guilty, reserving his right to appeal the District Court’s denial of his suppression motion. 50. On appeal the appellant argued inter alia that the warrantless surveillance and the collection of his communications violated the Fourth Amendment. For section 702 surveillance the United States Government could not “intentionally target” anyone located in the United States or a “United States person” outside the United States (Title 50 United States Code (“U.S.C.”) §§ 1881a(b)(1), (3)). Nor could it target a non-United States person “if the purpose of such acquisition is to target a particular, known person reasonably believed to be in the United States” (Title 50 U.S.C. § 188la(b)(2)). 51. The Court of Appeals held that the collection of the communications of United States’ persons incidental to the lawful surveillance of non-United States persons located abroad did not violate the Fourth Amendment and that, to the extent that the Government’s inadvertent targeting of a United States’ 16

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