Traffic Data (Metadata)
Definition
Data about a communication rather than its content: who communicated with whom, when, for how long, and from what IP address or cell tower. Courts in multiple jurisdictions have progressively extended privacy protections to metadata as its analytical power has become clearer from bulk-collection disclosures.
- Content
- Who, when, duration, IP address or cell tower
- Excludes
- Communication content
- Legal trend
- Increasing court protection of metadata privacy
- Context
- Highlighted by bulk-collection disclosures
Common questions
Why has legal protection for metadata grown even though it reveals no content?+
Courts increasingly recognize that aggregated metadata can reveal relationships, movements, and habits as intrusively as content, sometimes more so because it can be automatically analyzed at scale across an entire population.
How does traffic data differ practically from content in an investigation?+
Metadata is often easier to obtain, with a lower legal threshold in many jurisdictions, and retained longer by providers, making it a common first step investigators pursue before seeking a warrant for actual content.
Related terms
- CLOUD Act
- The Clarifying Lawful Overseas Use of Data Act (US, 2018). Clarifies that US service providers must comply with valid US legal process...
- Lawful Interception
- Court-authorised real-time capture of the content of communications in transit, such as telephone calls, emails, or instant messages. Requires a higher legal...
- Mutual Legal Assistance Treaty (MLAT)
- A bilateral or multilateral treaty under which signatory states agree to assist each other in gathering evidence for criminal investigations. MLATs define...
- Production Order
- A court order compelling a person or service provider to produce specific documents or data that already exist. Covers subscriber records, account...
- Subscriber Data
- The registration information a service provider holds about an account holder: name, address, email address, phone number, payment details, and account creation...