How to Object to Overly Broad Subpoenas for User Content

How to Object to Overly Broad Subpoenas for User Content

Getting served with a subpoena for user content can be scary — what do you do if the request seems overly broad or unduly burdensome? Don’t panic. Here’s a plain English guide to help understand your rights and fight back against fishing expeditions.

What is a subpoena?

A subpoena is a legal request for documents, information, or testimony. There are two main types:

• Subpoena duces tecum – demands documents or physical evidence
• Subpoena ad testificandum – demands testimony at a deposition or hearing

Subpoenas are issued by the court where the lawsuit is filed, even if you’re located somewhere else. The requesting party (usually a plaintiff or prosecutor) serves the subpoena by having someone hand-deliver it directly to you.

Why am I getting subpoenaed?

Most likely because one of the parties thinks you have information relevant to their case. This could include:

• User content like posts, messages, photos
• Usage logs
• Account information

As an online platform, you’re obligated to comply — but that doesn’t mean you have to hand over everything they ask for. The subpoena still has to be reasonable.

When are subpoena requests unreasonable?

Subpoenas can cross the line and become unduly burdensome or overly broad. Here are some common problems:

• Asking for way more material than needed for the case
• Demanding personal info irrelevant to the lawsuit
• Requiring overly quick response times (less than 30 days)
• Seeking info available from other sources

Overly broad subpoenas amount to fishing expeditions — they want access to your entire pond without saying what exactly they’re looking for. The court won’t enforce subpoenas being used to dig for dirt without a clear reason.

What are my options for fighting back?

Don’t just roll over and hand everything to them! You can stand up for your users rights by:

• Negotiating – Talk to the requesting party and suggest ways to narrow the scope.
• Objecting – File a written objection with the court stating your reasons.
• Moving to quash – Ask the court to kill the subpoena altogether if it’s really unreasonable.

If you can work cooperatively to resolve disputes about breadth up front, it saves everyone headaches down the road. But if they won’t compromise, don’t be afraid to get the judge involved.

How do I file an objection or motion to quash?

The process works like this:

1. Submit your written objections to the party who issued the subpoena.
2. If they refuse to resolve the issues, file your motion with the court that issued the subpoena.
3. Explain specifically why the requests are unreasonable or irrelevant.
4. Propose modifications that would make the scope more appropriate.
5. Emphasize the burden compared to the case’s needs.

It also helps to point out any user privacy concerns, free speech implications, or other public policy issues. Judges don’t like subpoenas being misused to trample civil liberties.

What info should absolutely stay private?

Some types of content deserve extra protection against disclosure:

• Anonymous user info – Don’t reveal identities without a court order.
• Trade secrets – Your special sauce could help competitors.
• Privileged communications – Conversations with lawyers, doctors, etc.
• Work product – Internal documents prepared in anticipation of litigation.

If any subpoena requests run up against these protections, be sure to flag them in your objections. The court can prohibit or limit discovery of sensitive matters.

Should I notify users their info is being subpoenaed?

Giving users a heads up shows respect for transparency and due process. However, you may want to wait until any disputes over breadth are resolved so you don’t alarm people unnecessarily.

When the scope narrows down to specific users, reach out to let them know:

• What info is being sought
• Who’s requesting it
• Their right to challenge the subpoena themselves

This empowers users to stand up for their own privacy interests in court. Judges may take their objections seriously, especially if constitutional rights are at stake.

Can I recover my costs for complying?

Yes! Rule 45 requires the requesting party to avoid undue expense. Some ways to recoup costs:

• Charge reasonable fees for time and materials.
• Require advance payment before starting expensive searches.
• Ask the court to make the requester cover your compliance costs.

Don’t let subpoenas become a financial burden — get creative about passing along the costs. Ultimately, the requesting party should pay for digging through your data, not you.

What happens if I don’t comply?

You could face sanctions like contempt of court if you ignore a subpoena altogether. But judges won’t punish you just for challenging overbroad requests in good faith.

If you lose a motion to quash, you’ll probably have to produce something — but it may be a narrower subset tailored to the case’s needs. Simply discussing objections before going to the judge can lead to compromise.

The bottom line is — don’t be intimidated! The legal process depends on everyone asserting their rights. You have a duty to protect user interests and stand up to fishing expeditions. With some preparation, you can balance compliance against privacy in the name of justice.

References

1. 4. Subpoena not overbroad or unduly burdensome – The Reporters Committee for Freedom of the Press

2. How to Object to Overly Broad Subpoenas for Personnel Files – Federal Criminal Lawyers

3. Five Tips for Representing a Non-Party Served with a Document Subpoena: Welcome to the Party? – American Bar Association

4. Best Practices: Dealing With Those Damned Discovery Subpoenas – Starfield & Smith, P.C.

5. Rule 45. Subpoena | Federal Rules of Civil Procedure | US Law – Law.Cornell.Edu

6. 210.3Subpoena to Produce Documents – NC PRO