REP LIEU INTRODUCES BILL TO REQUIRE WARRANT FOR ACCESS TO METADATA

WASHINGTON – Today, Congressman Ted W. Lieu (D-Los Angeles County) introduced legislation to require governmental entities to obtain a warrant before requesting that an electronic communications provider disclose a customer's metadata, often referred to as data that describes other data. The Warrant for Metadata Actamends Section 2703 of the Stored Communications Act (SCA), which protects some electronic communications from unauthorized disclosure, to include metadata that is also stored electronically.

"As a recovering computer science major, I recognize metadata is incredibly important. In Ukraine, for example, reporters are able to use the metadata collected from digital photos on social media—like the location a photo was taken and whether it has been manipulated—to verify the photos' legitimacy. Organizing and analyzing metadata can offer a wealth of information for individuals and businesses to help with things like decision-making and operations.

"But, with this wealth of information comes potential risks, especially where civil liberties are concerned. Right now, a governmental entity can seize an individual's metadata stored on the cloud without needing a warrant. Current law has failed to keep up with the advancements and nuances of technology related to cloud computing. That's why I'm pleased to introduce this bill to amend the SCA and require that a warrant be obtained to gain access to Americans' metadata stored on the cloud. I urge my colleagues to support this legislation to ensure customers of electronic communications providers can maintain reasonable expectations of privacy with their data."

Background:

In 1986, Congress enacted the Electronic Communications Privacy Act (ECPA), which protects certain wire, oral, and electronic communications from unauthorized interception, access, use, and disclosure. The ECPA consists of three parts, including the Stored Communications Act (SCA), which protects the privacy of some electronic communications while in electronic storage. However, Section 2703 of the SCA is silent as to metadata that is also stored electronically. Additionally, Section 2703 permits a governmental entity to use a warrant, subpoena, or a "specific and articulable facts" court order to force content disclosure with respect to communications held for more than 180 days. The Warrant for Metadata Act will require a warrant for the disclosure of metadata stored on the cloud from an electronic communications provider.

Specifically, the Warrant for Metadata Act:

• Eliminates limitations on the warrant requirement for recent communications and those that have been in electronic storage for more than 180 days and requires a governmental entity to obtain a search warrant to compel providers to disclose the content of wire or electronic communications held in electronic storage regardless of how old the communication is;
• Requires a governmental entity to obtain a warrant before requesting a provider of electronic communication service or remote computing service disclose a customer's metadata;
• Treats requests for subsequent disclosures or an expansion of a previous disclosure made after the date of enactment of the Act as a new disclosure.

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