Andrew R. Gray (University of Texas at Austin, School of Law, Students) has posted 'Cloud' Atlas — A Map to Amending Metadata Privacy Law in the Modern Era (Gonzaga Law Review, Forthcoming) on SSRN. Here is the abstract:
In this article, I aim to do three things. First, I argue that metadata is an important piece of personal information, that warrants protection under the law. Metadata that is stored by corporations are not subject to uniform laws, or even a set of accepted standards of how requests by law enforcement are treated. In the modern era, data and metadata are created faster than ever. This issue has never been more prevalent in American society.
Second, I show how the current laws surrounding data and metadata are woefully inadequate. These laws were written in the context of 1986 technology, and do little to protect citizens' personal privacy. There is broad support for amending these laws, and the need for change is clear.
Third, I propose practical changes to current data and metadata laws. I borrow from a proposal by Professor Andrew K. Woods, but give significant consideration to the issue of metadata. Properly amending these laws can increase law enforcement efficiency, while protecting personal privacy. I hope my analysis will spark future debate about these proposals.