Justia International Law Opinion Summaries

This case stemmed from Suzlon's demand that Microsoft produce documents from the Microsoft Hotmail email account of Rajagopalan Sridhar, an Indian citizen imprisoned abroad. Microsoft objected to the production and the district court agreed, finding that Sridhar was entitled to the protections of the Electronic Communications Privacy Act (ECPA), 18 U.S.C. 2510-2522, even though he was a foreign citizen. The court held that the ECPA protected the domestic communications of non-citizens like Sridhar. Thus, the decision of the district court denying the production of documents was affirmed. View "Suzlon Energy Ltd. v. Microsoft Corp." on Justia Law

Defendants, based in Romania and Chicago, operated an internet scam using E-bay. The Seventh Circuit addressed appeals by defendants convicted of wire fraud (18 U.S.C. 1343). The court upheld a sentence of 63 months imprisonment, at the high end of the guidelines, that did not include credit for time served on related state charges or in custody of immigration officials. The court properly allowed the defendant's attorney to withdraw and declined to appoint new counsel. Another defendant's appeal was barred by his plea agreement. The court properly considered the foreseeability of losses caused by co-schemers in sentencing a third defendant, who also pled guilty to receipt of stolen funds in interstate commerce (18 U.S.C. 2315). With respect to the only defendant to go to trial, the court vacated a conviction for aggravated identity theft (18 U.S.C. 1028A), finding the evidence insufficient to show that he knew that the passport he used belonged to a real person and was not a purely fictitious document; affirmed his conviction for money laundering (18 U.S.C. 1956(h)),stating that the court did not commit plain error in not limiting jury consideration of âproceedsâ to the net profits of the internet fraud scheme; and vacated his 324-month sentence.