H.R. 2787: Warrant for Metadata Act

The bill, known as the Warrant for Metadata Act, aims to amend Title 18 of the United States Code. Its main focus is to establish that law enforcement agencies must obtain a warrant to access certain types of information from providers of electronic communication services or remote computing services. Below are the key provisions of the bill:

Warrant Requirement for Disclosure

• The bill specifically requires that a government entity must obtain a warrant issued by a court before it can compel a service provider to disclose records related to any communications, including metadata.
• Metadata refers to details about communications, such as the time of a call, the duration, and the parties involved, but not the content of the communication itself.
• Currently, there are loopholes that allow governmental entities to access certain records without a warrant, especially for records that have been stored for over 180 days. This bill seeks to close those loopholes, ensuring that all types of records require a warrant regardless of how long they have been stored.

Specific Changes Made by the Bill

• The bill removes provisions that previously allowed access to contents of communications stored for over 180 days without a warrant.
• It replaces the current wording that permits the disclosure of "other information" with a requirement for a warrant for any metadata related to the communications of subscribers or customers.
• The modifications emphasize the necessity of a warrant that follows either federal or state legal procedures, which further strengthens the privacy protections for individuals using electronic communication services.

Retroactive Effect

• The bill includes a section stating that any disclosures made in compliance with current laws prior to its enactment will not be impacted by this new requirement.
• However, if there is a request for further disclosures related to past disclosures made before the bill's enactment, those requests will be treated as new requests that fall under the new warrant requirement.

Goals and Implications

The overarching objectives of the Warrant for Metadata Act include enhancing privacy protections for users of electronic services and limiting governmental access to personal data without due legal process. By mandating a warrant for the disclosure of records, the bill aims to reinforce the principle that individuals' communications and related metadata are protected from unauthorized governmental intrusion.

Relevant Companies

• AAPL - Apple Inc.: As a provider of electronic communication services through its messaging and calling systems, Apple may be directly impacted by increased requirements for warrants to access user data.
• GOOGL - Alphabet Inc.: This parent company of Google, which provides a range of communication services, could face changes in how user data is accessed for legal proceedings.
• FB - Meta Platforms, Inc.: As a major provider of social media services, Meta may also see implications regarding how warrants are handled for user communications and metadata.
• AMZN - Amazon.com, Inc.: Operating cloud and communication services, Amazon's operations could also be affected, especially relating to user data and metadata stored on their platforms.