	Introduction

Although it is difficult to provide a precise definition of "cloud computing," it is generally described as web-based services that allow users to access anything from e-mail to social media to banking to more complex programs like business computing. Traditionally, users would download software and manipulate data on their own computer, while in the cloud, this activity occurs over the Internet on a third-party computer. Many e-mail services like Gmail and Hotmail operate using cloud computing, as do music programs like Grooveshark and Pandora, and social media sites like Facebook and Twitter. Another crucial form of communication in the modern world that is increasingly moving to the cloud is the transfer of business records. Fourth Amendment

For the most part, courts have applied the Fourth Amendment to Internet communications by analogy to the physical world. By contrast, access to information that reveals only non-content information such as routing information—including an Internet Protocol address (IP address) or the to/from address in an e-mail—has been subjected to lesser legal process. In light of these concerns, Congress overhauled federal communication privacy laws in 1986 as part of the Electronic Communications Privacy Act of 1986 (ECPA). The Stored Communications Act (SCA), enacted as Title II of ECPA, was designed to regulate the access and dissemination of electronic communications stored on computers. As to the private messages sent on these social networking sites, the court relied on Weaver and the dicta in Theofel to hold that when messages are opened and retained on the site, Facebook and MySpace operate as RCS providers, and the messages are subject only to the subpoena requirement. There, Viacom claimed that videos posted on Google's video-sharing website YouTube violated federal copyright law. Differences in Privacy Protections in the Physical World, Traditional Computing, and Cloud Computing

In summary, there are many similarities between searches in the physical and digital worlds. For instance, for law enforcement to access the contents of a postal letter, it must first obtain a warrant based upon probable cause, but routing information on the outside of the letter does not receive the same protection. This distinction also applies to telephone calls, where law enforcement cannot surreptitiously record the content of one's conversation, but can access the numbers dialed with lesser process. This is a clear difference from the physical world, as the government cannot access one's private physical letters, no matter how long they are stored, without a warrant. Recent Legislative Proposals

Recent legislative proposals introduced in the 112 th and 113 th Congresses aim to clarify and strengthen the requirements for accessing an individual's electronic communications under the SCA. These bills would
require a government entity to obtain a warrant based upon probable cause to retrieve the content of information from both providers of electronic communication services and remote computing services; eliminate the 180-day rule currently contained in Section 2703(a), so that communications stored for 180 days or 181 days would be treated the same; amend Section 2703(a) to not only cover communications in "electronic storage" but also those that are being "held or maintained" by that service; require the government to notify the customer of any search conducted under the SCA within three days, including a copy of the warrant, unless delayed notice is permitted under Section 2705; and eliminate the ability of providers to voluntarily share content and subscriber information with a government entity unless one of the Section 2702(b) exceptions applies. Does this proposition hold true today when people turn to digital desk drawers, digital filing cabinets, and digital pockets? In the physical world the contents of letters, telephone calls, and other forms of communication are generally protected by the Fourth Amendment's prohibition against unreasonable searches and seizures. Additionally, courts have occasionally applied lesser degrees of protection to communications sent and received through cloud-based services than with traditional forms of Internet communications, based on the manner the information is stored by each, and how such storage is defined under the SCA.
Cloud computing is fast becoming an integral part of how we communicate with one another, buy music, share photos, conduct business, pay our bills, shop, and bank. Many of the activities that once occurred solely in the physical world, including communications with one another, are increasingly moving to the digital world. What was once a letter to a friend is now a Facebook message; a call to a loved one is now a Skype chat; a private meeting with a business partner is now a video conference call. In short, the cloud is revolutionizing not only how we compute, but also how we live. Where individuals once locked personal or business papers solely in a desk drawer or filing cabinet, they now also store them on someone else's computer.
In short, cloud computing is a web-based service that allows users to access anything from e-mail to social media on a third-party computer. For instance, Gmail and Yahoo are cloud-based email services that allow users to access and store emails that are saved on each respective service's computer, rather than on the individual's computer. As more communications are facilitated through these cloud-based programs, it is no surprise that government and law enforcement would seek to access this stored information to conduct criminal investigations, prevent cyber threats, and thwart terrorist attacks, among other purposes. This prompts the following questions: (1) What legal protections are in place for information shared and stored in the cloud? (2) What legal process must the government follow to obtain this information? and (3) How do these rules differ from those applied in the physical world?
Protections of communications in the physical world flow from the Fourth Amendment and various federal statutes such as the Electronic Communications Privacy Act of 1986 (ECPA), which includes the Stored Communications Act (SCA). Under the Fourth Amendment, government officials are generally prohibited from accessing an individual's communication, such as tapping into a telephone call or opening a postal letter, without first obtaining judicial approval. In the digital world, courts have by and large required law enforcement to acquire a warrant before accessing the contents of electronic communications, but have permitted law enforcement to access non-content information such as routing data with lesser process. These cases do not seem to distinguish between cloud-based and traditional forms of Internet services.
Federal courts have applied the SCA to various electronic communications including e-mails, messages sent on social networking sites like Facebook and MySpace, and movies posted on video-sharing sites like YouTube. The process for obtaining these communications under the SCA depends on how long the information has been stored with the service provider and how the provider is classified under the SCA. The relatively few cases dealing with cloud computing have required lesser legal process for accessing electronic communications sent via cloud-based services than traditional forms of Internet computing.
In light of this rapidly changing technology, there have been several legislative proposals to augment the Fourth Amendment's protections for digital communications and update existing statutory protections like the SCA for information shared and stored in the cloud.