Handling Federal Subpoenas for Emails and Online Information

Handling Federal Subpoenas for Emails and Online Information

Getting a subpoena from the federal government for your emails or online information can be intimidating. However, with some preparation and knowledge of your rights, you can handle federal subpoenas properly. This article will walk you through what to expect and how to respond if you receive a federal subpoena for your electronic information.

What is a Federal Subpoena?

A federal subpoena is a written order issued by a federal agency or federal grand jury demanding that you provide documents, records, testimony or other information relevant to a federal investigation [2]. Subpoenas are powerful investigative tools used by federal agencies like the SEC, FTC, DOJ, and others.

Some key things to know about federal subpoenas:

• They can request records, documents, correspondence, emails, online data, etc.
• You are legally required to respond to a valid federal subpoena
• There are strict timelines, often 14 days or less, to respond
• There can be penalties for not responding properly

Receiving a Federal Subpoena

If you receive a federal subpoena, don’t panic. Carefully review the subpoena to understand what information is being requested and the timeline to respond. Note the specific federal agency issuing the subpoena and the nature of the investigation.

It’s wise to consult an attorney experienced with federal subpoenas for guidance on responding. An attorney can advise you on the validity of the subpoena, negotiate the scope if needed, and help ensure you respond properly.

Valid Federal Subpoenas

For a federal subpoena to be valid and enforceable, it must contain certain elements like [3]:

• Name of the issuing federal court
• Title and case number of the investigation
• Clear description of information/records requested
• Who is being ordered to provide the information
• Signature of the issuing official

If any required elements are missing, the subpoena may be defective and challengeable.

Scope of the Subpoena

Review the scope of information being requested and the timeframe. Federal agencies can request online records, emails, social media data, and more. The subpoena must clearly describe the specific information required.

If the scope seems overly broad or unduly burdensome, your attorney can try to negotiate limitations with the agency.

Time to Respond

Note the deadline given to respond, usually 14 days or less. Request an extension from the agency if needed, but expect very limited time.

You must preserve all data requested once you receive the subpoena, even if you plan to challenge it.

Responding to a Federal Subpoena

The most important thing is responding to a federal subpoena on time. There can be contempt charges for ignoring or avoiding a subpoena. Fines may also be imposed.

Work closely with an attorney to handle all communications with the federal agency and properly produce the information requested.

Negotiating the Subpoena

Your attorney can contact the federal agency to try negotiating limitations on the scope of the subpoena or extensions on the timeline if needed. However, expect that federal agencies will be fairly rigid on requests.

Producing Documents and Data

Gather all information that falls within the scope of the subpoena. For online data, your service providers may be able to assist in collecting and providing data.

Federal Rule 45 requires providing electronically stored information in its native format or a reasonably usable format [2]. Work with counsel to ensure proper formatting.

Objecting to the Subpoena

There are limited grounds for objecting, such as improper service, requesting privileged information, or imposing undue burden or expense. Your attorney can file a motion to quash or modify the subpoena if valid reasons exist.

However, agencies often fight hard against objections, so focus on complying unless there are very strong grounds for challenging.

Confidentiality

In some cases, a federal subpoena may come with a non-disclosure order prohibiting you from notifying others that information was provided. This is often the case in leak investigations.

Violating a non-disclosure order can result in criminal charges. Do not share any information about a confidential subpoena.

Subpoenas for Email & Online Information

Given how much personal and business data is stored online and in email, federal subpoenas often request access to electronic records.

Email Records

If your personal or work email is subpoenaed, be prepared to provide complete access, including:

• Email content and all attachments
• Logs of email traffic data
• Drafts and deleted emails if requested

Your email provider can help collect and provide the email data requested.

Cloud Storage Records

Cloud storage services like Dropbox or Box may receive subpoenas for your stored files, including:

• • All documents stored in the cloud account
  • Logs of uploads, downloads, access, etc.
  • Previous versions of files if versioning enabled

Your cloud storage provider can assist in retrieving all required data from your account. Be sure to check for previous versions of files if your storage service supports versioning.

Social Media Information

Federal agencies may subpoena social media companies directly for your account records. Or you may be required to provide:

• • • Private messages and posts
    • Photos, videos, and other media
    • Contacts and connections
    • IP address and location history

Gathering this information yourself can be challenging. Work with the social media company and counsel to ensure you fully comply.

Website and App Usage

If you operate a website or app, federal investigators can request access logs showing:

• • • User traffic and activity
    • IP addresses, locations, timestamps
    • Account registrations and logins
    • User-generated content and actions

Your site analytics tools and providers can help export required usage data and logs.

Penalties for Non-Compliance

It’s critical to respond to a federal subpoena on time and comply fully. Penalties for non-compliance may include:

• • • Contempt of court charges
    • Fines or imprisonment
    • Further legal action
    • Harm to your case or investigation

If you have difficulties responding on time or producing required data, immediately contact the agency to explain and request an extension.

Protect Your Rights

Receiving a federal subpoena can be unsettling, but you have rights in the process. To protect yourself:

• • • Consult an attorney experienced with federal subpoenas
    • Review the subpoena carefully for defects
    • Negotiate the scope if it seems unreasonable
    • Preserve all relevant electronic records
    • Meet deadlines or request extensions proactively
    • Follow counsel’s advice to respond properly

With legal guidance and cooperation, you can get through a federal subpoena investigation smoothly.