What? No they're not.
You knew this was a batshit claim when you saw someone trying to map the Constitution to Microsoft in the first place, since the Constitution doesn't regulate private businesses at all.
Come on. We're smarter than this.
(To your first question: ask Robert Metcalfe (3com), Charles H. Ferguson etc. To your second question: drones. -- Welcome to the real world)
But true, this has little to do with skype.
The root comment in this thread suggests that Microsoft might be centralizing Skype so that it can scrape trade secrets out of phone calls. That sentiment is based on a preposterous misapprehension about how international law works.
There isn't really anything that is called "international law", as such. There are agreements between nations, and those agreements are what they are.
I really wonder how much espionage is going on. Does MS have a mole at Google, and vice versa?
You aren't very specific though. I'm not familiar with transnational tort claim and I doubt it as popular to others here in HN either. Is it as solid as you seem to make it? Google has little (easily accessible material) on it. It doesn't sound like something that is illegal by itself; only that they could be sued by those startups if/when they find out (and decide to saddle up for an international case against a huge company... yeah that probably isn't very likely).