ECPA protections extend to foreign citizens, according to an opinion issued earlier this month by the Ninth Circuit. The court upheld a district court decision quashing a company’s demand that Microsoft release emails stored on servers in the United States that belong to an Indian citizen, who resides outside the United States and is accused of fraud in Australia. The court concluded, in Suzlon Energy Ltd. v. Microsoft Corporation, that ECPA’s prohibition on disclosing the contents of communications covers not only communications by U.S. citizens, but those by foreign citizens as well. A critical premise of the court’s decision was that the relevant communications are stored in the United States. As we have previously reported, at least one court has held that ECPA does not extend to communications intercepted or disclosed abroad.