Responding to Federal Subpoenas for Social Media Information

Responding to Federal Subpoenas for Social Media Information

Getting a subpoena for your social media info can be, like, super stressful. This article will walk you through what to do if the feds come knockin’ for your Twitter DMs or Facebook photos.

What is a subpoena?

A subpoena is a court order that requires you to turn over information related to a legal case. There are two main types:

• A subpoena ad testificandum orders you to testify at a trial or deposition.
• A subpoena duces tecum orders you to produce documents or other materials.

With social media, they usually want a subpoena duces tecum to get access to your online info.

Who can issue a subpoena?

Subpoenas are typically issued by:

• A court clerk
• An attorney involved in the case
• A government lawyer like the Attorney General or District Attorney

Courts don’t really monitor subpoenas, so lawyers can request info even if it’s not directly related to the case. Subpoenas tend to be broad and have short deadlines.

How to respond

If you get a subpoena, here are some tips:

1. Review it carefully to see what they’re asking for.
2. Preserve the data requested by making copies.
3. Figure out if you can challenge or modify the subpoena.
4. Contact the lawyer who issued it to negotiate the scope.
5. Comply by the deadline if you can’t get it modified.

You may be able to get the subpoena quashed or limited if it’s overbroad or seeks privileged info. But ignoring it can lead to being held in contempt of court, so tread carefully.

What social media companies will turn over

Different platforms have different policies on what they’ll disclose:

• Facebook won’t release user content like messages or posts in civil cases, only basic subscriber info.
• Twitter’s law enforcement policy says they require a subpoena for most account info, but may also restrict content disclosure.
• Other sites like Reddit, Instagram, and LinkedIn have similar restrictions on disclosing user content.

For criminal cases, most platforms will provide user content with a valid subpoena or court order.

Preserving social media evidence

If you think your online info might become evidence, preserve it right away:

• Save copies of relevant posts, messages, photos etc.
• Document your privacy settings.
• Suspend any auto-delete settings.

Treat social media like any other evidence that could be discoverable. Lawyers may need to adjust their approach to properly preserve and collect online data.

The bottom line

Getting that scary subpoena in the mail doesn’t mean you have to immediately hand over your online life. Follow the right steps to assess, preserve, and thoughtfully respond.

With some luck, maybe you can avoid turning over your drunken karaoke videos after all.

References

Responding to Federal Subpoenas for Cloud-Based or Online Information

Social Media Companies and Subpoena’s

Responding to Subpoenas

Discovery and Preservation of Social Media Evidence

Serving a Civil Subpoena on a Social Media Site

Social Media Evidence and Civil Discovery