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Responding to Federal Subpoenas for Social Media Information

March 21, 2024 Uncategorized

Responding to Federal Subpoenas for Social Media Information

Getting a subpoena for your social media information can be scary. You may worry about your privacy, or what the government is looking for. But there are steps you can take to protect yourself and your rights. This article will walk you through how to handle federal subpoenas for social media information.

What is a subpoena?

A subpoena is a legal order for you to provide information or appear in court as a witness. There are two main types of subpoenas:

  • A subpoena duces tecum orders you to provide documents or other evidence.
  • A subpoena ad testificandum orders you to testify as a witness.

Subpoenas are used in both criminal and civil cases. For example, the government may subpoena your social media posts as evidence in a criminal trial. Or a company may subpoena your messages in a lawsuit against an employee.

Review the subpoena carefully

Don’t ignore a subpoena! Read through it closely to understand what information is being requested. The subpoena should explain:

  • Who is requesting the information
  • What specific content they are asking for
  • When and where to provide the information

If anything is unclear, consult a lawyer. They can help interpret the subpoena and advise you on how to respond.

Preserve the requested data

As soon as you receive a subpoena, take steps to preserve the data requested. This means keeping it in its original form and not deleting anything.

For social media information, you may need to:

  • Save screenshots or archives of posts, messages, photos, etc.
  • Disable auto-delete settings for messages or stories
  • Avoid posting new content that could be relevant

If you fail to preserve subpoenaed evidence, you could be subject to sanctions or charges of obstructing justice.

Evaluate your options

You may be able to challenge or limit the subpoena. Reasons to object could include:

  • The request is overbroad or seeks irrelevant information
  • Producing it would be unduly burdensome
  • The content is protected by privacy laws or privileges

Your lawyer can file a motion to quash or modify the subpoena. But don’t ignore a subpoena while waiting for a ruling! You must comply or formally object.

Understand privacy protections

Privacy settings and social media policies do not prevent your content from being subpoenaed. Under federal law, online content is subject to discovery if relevant to a case.

However, some state laws provide extra protections:

  • California requires a court order to subpoena non-public social media content.
  • Illinois prohibits employers from demanding social media passwords.

So while social media posts generally aren’t privileged, certain laws may offer some safeguards.

Comply within the time limit

Subpoenas usually specify when the requested information is due – often within 10-20 days. It’s important to comply on time, unless you get the subpoena quashed or modified.

If you need more time, ask the party who issued the subpoena to agree to an extension. Get any agreement in writing.

If you miss the deadline, you could be held in contempt of court and face penalties.

Carefully review content before producing

Scrutinize everything you plan to hand over. Look for:

  • Private, embarrassing or sensitive information
  • Confidential business records
  • Privileged communications with your lawyer

This content may be protected from disclosure. A lawyer can help identify and withhold privileged or irrelevant material.

Follow the technical specifications

Provide the data in the format specified in the subpoena. This might include:

  • Paper printouts
  • Digital files on a USB or hard drive
  • Native format with metadata intact

Organize materials neatly and label them clearly. Sloppy or confusing production may prompt further legal action.

Keep a record of what you produce

Maintain a list describing each document you hand over. Get written confirmation of receipt. This creates a record in case there are later disputes over what was provided.

Retain your own copies

Only produce copies of responsive material. Keep your own set of originals. You never know if you might need them later.

Request reimbursement for costs

Complying with a subpoena can be expensive. Save receipts for things like:

  • Collecting and reviewing data
  • Making copies
  • Mailing or delivering documents

You can request the party who issued the subpoena pay reasonable compliance costs.

Get help from social media companies

The social media platform may be able to preserve or provide the subpoenaed content. Contact their legal department to ask for assistance.

For example:

  • Facebook offers a guide for responding to legal requests
  • Snapchat lets law enforcement obtain some account data with a search warrant

But know that social media companies will generally only share limited information without the user’s consent. Their help is not guaranteed.

Consult an attorney

Subpoenas raise complex legal issues. Getting advice from an experienced lawyer is highly recommended when navigating the process. They can help with things like:

  • Reviewing and objecting to the subpoena
  • Withholding privileged or protected content
  • Negotiating with the requesting party
  • Filing motions in court

Legal representation ensures your rights are protected.

Don’t obstruct justice

It’s illegal to destroy or hide subpoenaed evidence. Doing so can lead to criminal charges like obstruction of justice. Be truthful and cooperative with valid subpoenas.

In summary…

Receiving a federal subpoena for social media information can be unsettling, but don’t panic. Get legal help to ensure you understand the request and protect sensitive content. Review material carefully before handing it over. Comply on time and keep detailed records. With the right approach, you can get through it smoothly.

References

[1] Responding to Federal Subpoenas for Cloud-Based or Online Information

[2] Responding to Subpoenas

[3] Social Media Companies and Subpoena’s

[4] Discovery and Preservation of Social Media Evidence

[5] Serving a Civil Subpoena on a Social Media Site to Obtain Content of a User’s Profile

[6] Answers to FAQs Responding to a Subpoena

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